ACS workers who demand entry to parent's homes are often ask the worker wether they should have an attorney. ACS workers are trained to advise parents not to seek an attorney because the case "is not in court". What the ACS worker does not tell the parents is that anything the parents say or are alleged to have said can be used in court against them and justify removing their children. Even when parents hire an attorney, it is ACS policy for workers not to speak to the parent's attorney. The right to counsel in New York is a fundamental right that is jealously guarded by the courts. Parents has a right to a lawyer as soon as an ACS investigation begins.
Supreme Court of the State of New York Appellate Division: Second Judicial Department AD3d Argued - May 17, 2022 FRANCESCA E. CONNOLLY, J.P. JOSEPH J. MALTESE PAUL WOOTEN LARA J. GENOVESI, JJ. 2021-07543 DECISION & ORDER In the Matter of Lexis B. (Anonymous). Administration for Children’s Services, petitioner-respondent; Natalia B. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Joseph B. (Anonymous). Administration for Children’s Services, petitioner-respondent; Natalia B. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. N-1916-21, N-1917-21) Michael S. Discioarro, New York, NY, for appellant. Sylvia O. Hinds-Radix, Corporation Counsel, New York, NY (Deborah A. Brenner and Andrea Nishi of counsel), for petitioner-respondent. Anne M. Serby, Long Beach, NY, attorney for the child Lexis B. In related proceedings pursuant to Family Court Act article 10, the mother appeals from an order of the Family Court, Queens County ...
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