NEW YORK CITY ACS DEFENSE LAWYER

One of the most common questions we receive is, Can I sue ACS? The answer is it depends and will you be successful? The first thing you must do is file a notice of claim. This puts the city on notice t hat you plan to sue them. You will have to doe a deposition that the city will take and try to assess your case. ACS has something called qualified immunity that means that they can get away from a lot of abuse against parents. It is vitally important to contact a civil rights lawyer if ACS removed your kids or has abused you as a parent. STATENISLANDACSLAWYER.COM MANHATTANACSLAWYER.COM

We receive many calls from NYC foster parents who have had their children removed from their care and placed with others. Why does this happen. The answer is very simple: money. ACS receives more funding when they can remove children from one foster home to another. More money from the federal and state governments and more people being paid to finish the transaction. As we have discusses, the main focus of ACS is to keep their $3.1 billion budget. Thus, they must attack and manufacture cases against every parent that they come into contact with. The safety of children is a distant second. Do not speak to ACS workers if you are contacted and demand an attorney as soon as possible. FIGHTSACS.COM BROOKLYNACSLAWYER.COM QUEENSACSLAWYER.COM BROOKLYNACSATTORNEY.COM

He Didn’t Abuse His Daughter. The State Took Her Anyway. An unwed father hopes his case will change the way courts decide what it means to be a parent. For the first five years of his daughter Amanda’s life , Ping N., a restaurant manager in Manhattan, lived with his little girl and her mother. He tucked her into bed at night and enjoyed spoiling her with her favorite snacks, like fish balls, egg tarts and ramen noodles. This story was produced in partnership with  The New York Times . But when child welfare officials found that Amanda’s mother had inflicted excessive corporal punishment on her in 2013, they removed the girl from the home. Even though court records show that Ping had never committed abuse and was not present when it took place, a judge later decided that he would lose his daughter, too. Ping could not have custody or any say in her life anymore. The reason was a quirk of New York State law: He and Amanda’s mother were not married when she was born, ...

ACS workers routinely will ask parents to sign HIPPA forms so they may obtain a child's medical records. This even after the investigation has revealed that there is nothing wrong with the child. The ACS worker will states that their supervisor wants it and they are just following "protocol". The reason for the form is so ACS can dig through the child's medical records and find something to attack the parents with. A missed doctor's appointment or disagreeing with a doctor about a child's treatment are all reasons for ACS to possibly file a petition against the parents in family court. Before signing a HIPPA form, speak to an attorney. FIGHTACS.COM BROOKLYNACSATTORNEY.COM

Our clients were deathly afraid of their foster son who had attacked and savagely beaten his father. ACS demanded that the parents meet with the son to plant for his future. As the attorneys, we contacted ACS and advised that we would represent the parents. ACS refused to have any contact with our office and filed a neglect petition against the parents. At trial, Judge Michael Milsap wrongly agreed with ACS. The unanimous court overturned his decision. Real below. Renwick, J.P., Gische, Kapnick, Singh, JJ. 9809- 9809A In re Elijah M., A Child under the Age of Eighteen Years, etc., Robin M., et al., Respondents-Appellants, Administration for Children’s Services, Petitioner-Respondent. _________________________ Law Office of Stephen N. Preziosi, P.C., New York, (Stephen N. Preziosi of counsel), for appellants. Zachary W. Carter, Corporation Counsel, New York (Carolyn Walther of counsel), f...

This is the favorite threat of ACS workers. If parents do not subject themselves to the ACS wishes they are threatened with court action. It is wrong and needs to stop. ACS workers are poorly trained if at all, and will try to bully parents into useless programs. The right to counsel in New York State is fundamental. If you have been contacted by ACS, do not speak to the ACS worker without an attorney. FIGHTACS.COM BROOKLYNACSLAWYER.COM

This is a common question that we must visit again. This post will take you through all of the scenarios that can occur: 1. YOU ALLOW THEM IN: An ACS worker comes to your door and asks to be let in. You allow the ACS worker in and the investigation begins. In this scenario, the ACS worker will ask you and your entire family questions and issue a finding. Most parents are indicated for child abuse no matter what the facts are. Remember, the ACS business model is predicated upon attacking the parents not protecting the children. Do not become upset if ACS indicated you, they indicate most parents with no evidence. 2.YOU DENY THE ACS WORKER ACCESS: Once the ACS worker is denied access to the home, they will usually go to court and obtain a court order directing you to allow them access to the home, or a court order ordering you to produce the children at the ACS office. ACS workers do this routinely and is a favorite tool of intimidation. 3. YOU REFUSE ACCESS WHEN PRESENTED WITH A C...

This is one of the most common questions that parents have. The answer is yes, by court order, here is the law under the FCA section 1034: ( ii) Where a court order has been requested pursuant to this paragraph the court may issue an order under this section requiring that the parent or other persons legally responsible for the child or children produce the child or children at a particular location which may include a child advocacy center, or to a particular person for an interview of the child or children, and for observation of the condition of the child, outside of the presence of the parent or other person responsible. Because most ACS workers are lazy and know very little about the law, they will simply go to the child's school and take the child out of class and speak to them. They work in conjunction with the DOE. Private schools often limit access to ACS and demand court orders. fightacs.com brooklynacslawyer.com

ACS workers have two agendas. First, if they can, they want remove children from parents and place them in foster care. Second, if that cannot be accomplished, they want parents to use ACS "services". The reason is simple. ACS funding depends on how many children are in foster care and how many parents use their services. In this series we will discuss the top ACS lies, and examine them one lie at a time. - THE INVESTIGATION WILL ONLY LAST 60 DAYS. This is the top ACS lie. Once a parent hears that the investigation is only for 60 days, they see a light at the end of the tunnel. The truth is that the investigation will last as long as ACS says it does. The ACS worker will often come back to the parents saying that their "supervisor" wants the parents to do certain services. This is not on an order from a judge it is simply at the whim of the ACS worker. NYCACSLAWYER.COM FIGHTACS.COM BROOKLYNACSLAWYER.COM Staten Island ACS LAWYER

Last winter, Governor Andrew Cuomo engaged Kroll Associates—a premier white-collar investigative firm, renowned for high-stakes snooping in the corporate world—to suggest how to fix the city’s broken child-welfare system. The consultants produced a 31-page report of practical recommendations, including hiring more caseworkers to reduce caseloads, hiring investigators with law-enforcement backgrounds to perform criminal background checks on parents, and increasing the number of ACS staff authorized to see these criminal-history records. Kroll suggested that investigators with law-enforcement backgrounds accompany caseworkers to at-risk homes, and recommended better coordination between the ACS and the Department of Education, as well as other agencies. The consultants also urged the ACS to reduce the “response time” of caseworkers when learning of imminent danger in the home.

Mom charged in baby’s death had already lost custody of 3 kids By  Rich Calder ,  Reuven Fenton  and  Tina Moore June 13, 2018  |  5:47pm  |   Updated  Modal Trigger Joann McLeod Wayne Carrington A K2-addict Bronx mom with a history of having her kids taken away by ACS was allowed to keep her baby despite claims of drug use and neglect in her squalid home —  and two weeks later, she allegedly killed him , sources told The Post on Wednesday. Administration for Children’s Services workers visited Joann McLeod’s apartment in the Bronx River Houses on May 20 based on a complaint, but decided that 5-month-old Raymond Porfil Jr. was not in danger, the sources said. SEE ALSO Mom arrested after baby dies from 'extreme abuse and neglect': cops On June 4, McLeod allegedly threw him against a wall and then put him in his crib rather than seek medical help because she feared she would go to jail, authorities...

Our sources at ACS have advised us that the average caseload for an ACS lawyer in Manhattan is 60 cases. This pales in comparison with the other boroughs who have well over 100 cases. This is a sign of trouble for parents. ACS has a $3.2 billion dollar budget. The first goal of ACS workers is to keep this budget and their paychecks flowing. But in order to do that ACS workers need "customers" in the way of parents to attack.Because of the high concentration of wealth in Manhattan there is less of a need for social services. Thus, ACS workers must not work extra hard to manufacture cases against parents in Manhattan. This has already lead to abuses and will continue to do so. It had gotten to the point where ACS workers are sharing cases in Manhattan to make it appear that they are doing their jobs. Add to this the fact that 400 new ACS workers are being hired this month and the potential for abuse is enormous. FIGHTACS.COM BROOKLYNACSATTORNEY.COM

The latest ACS Commissioner to promise reforms. The truth is that the real power at ACS rests with the upper management team. These are career bureaucrats who show up, and cash their checks. They have no interest in any reform. Despite all of the child deaths, not one has been fired. The Commissioner is a figurehead that cannot effect reform. Thus, the children of our great city will keep dying. FIGHTACS.COM QUEENSACSLAWYER.COM QUEENSACSATTORNEY.COM

ACS workers will make home visits at any hour of the day.  They will knock on your door and demand to be let in. So what happens if you don't? Usually, the ACS workers will return with the police and try to intimidate the parents into letting them into the home. This is a common problem. We advise parents as soon as they hear about ACS seeking access, to contact an attorney as soon as possible. The police may not enter your home without a warrant. FIGHTACS.COM BROOKLYNACSLAWYER.COM NYCACSLAWYER.COM

Governor Cuomo moved to defund a useless and badly managed program run by ACS to manage juvenile delinquents. There have been hundreds of escapes and the program replay highlights the incompetence that has become the hallmark of ACS. At each step of the child protection process, ACS fails. They fail the children who are really in need and they attack good parents who have done nothing wrong. However, ACS is never held accountable. ACS workers are rarely fired and the Mayor keeps bringing in one commissioner after another to appear as of he is doing something. We, as the people of NYC deserve so much better.  Read the story here. BROOKLYNACSLAWYER.COM BROOKLYNACSATTORNEY.COM

Fiscal 2018 Preliminary Budget Highlights The City’s Preliminary Fiscal 201 8 Budget is $84.7 billion, $2.6 billion more than the Fiscal 2017 Adopted Budget of $82.1 billion. The Fiscal 2018 Preliminary Budget includes $61.6 billion in City tax-levy funding and $23.1 billion in non-City funds. The Administration for Children’s Services (ACS) Fiscal 2018 Preliminary Budget totals $3.03 billion (including City and non-City funds); this represents approximately 3.5 percent of the City’s total Budget. ACS’ Fiscal 2018 Preliminary Budget is $55.6 million more than the Fiscal 2017 Adopted Budget of $2.97 billion. *The difference of Fiscal 2017 Adopted Budget compared to Fiscal 2018 Preliminary Budget. When compared to the Fiscal 2017 Adopted Budget, personal services (PS) in the Fiscal 2018 Preliminary Budget increases by $37 million. Of the $37 million increase in PS spending, $26 million is for protective services. Other Than Personal Services (OTPS) spending increases by $18.6...

The ACS worker has a very powerful tool in her arsenal. In order to obtain secrets access to your children, they will pull your child out of class in their school. This happens most often at NYC public schools. The DOE has a policy that gives ACS free reign over your children. Thus, the ACS worker will interview your child in private and ask her or him all sorts of questions. This can be very upsetting to a child who has never met the worker and has no way to defend themselves. WHAT CAN YOU DO? Once you are aware that ACS has been called on you, realize that they will go to your school. The first thing is to advise your child, not to speak to strangers. Second, you must advise the school officials in writing that you do not want anyone speaking to your child without you present. NYC DOE will not help you.

The New York Times ran an article in their magazine describing how a computer model can tell acs workers which kids are abused and are in danger. This is patently absurd. The way to protect children is to hire. highly paid professionals who do their jobs. The abuse for this type of system will be massive. The ACS worker will just say " the computer says you're a bad parent" so we will remove your kids. Below is the article in full. This is another way to attack parents without accountability. T he call to Pittsburgh’s hotline for child abuse and neglect came in at 3:50 p.m. on the Wednesday after Thanksgiving 2016. Sitting in one of 12 cubicles, in a former factory now occupied by the Allegheny County Police Department and the back offices of the department of Children, Youth and Families, the call screener, Timothy Byrne, listened as a preschool teacher described what a 3-year-old child had told him. The little girl had said that a man, a friend of her mother’s, had b...