NEW YORK CITY ACS DEFENSE LAWYER

With the new school year upon us, ACS workers will be looking for parents to accuse of educational neglect. This comes in two forms. One form is pretty simple. The child misses too much school. How much is too much? Well to an ACS worker a few days will have them demanding that parents take parenting classes. Another type of neglect is when ACS accuses parents of not getting their child the services that are needed in the School. Often, the ACS worker an the DOE will gang up on the parents to attack them and absolve the DOE of responsibility. Here are some cases. If you have been accused of educational neglect by ACS, contact us at 917-519-8417 and lets us fight for you. The Law Offices of Michael S. Discioarro, LLC. Matter of Shelly Renee K., 99 AD2d 1072, 436 NYS2d 99 (3 rd  Dept. 1981) Was not  ed neglect that child was absent 13 times without excuse and tardy multiple times where no evidence that this had an adverse impact on child’s education Matter of Jovann B.,...

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

The answer is wherever the ACS worker decides. Upon first meeting the parents, the ACS worker will pry and ask as many questions as possible about the family as possible. This will help them reach their goal of demanding that parents attend classes and training. The favorite topic of ACS workers is when they can allege that there has been domestic violence in front of the children. The worker will then manufacture a case of abuse against the parents. Parents are  often shocked at the lies that ACS workers will accuse the parents of. If you are visited by an ACS worker contact an attorney at once. DO NOT SPEAK TO ACS WORKERS. FIGHTACS.COM BROOKLYNACSATTORNEY.COM

ACS workers will often call parents into what they call a child safety conference. This is a meeting between the parents and the ACS worker and supervisor. It is ACS policy not to allow attorneys in the conference. WHY? The answer is obvious. ACS uses a few tactics to attack parents at the conference and an attorney would not allow this to happen. The first tactic is to use the good/cop bad/cop approach. The ACS worker will bring in her supervisor and they will play off each other. Often they are both bad cops. This is akin to the car salesman bringing in his manager to close the deal. The vast majority of the time, ACS will file a court case against the parent regardless of the parent's behavior at the conference. To this end, these conferences are a great way for ACS to take more information from the parent. Keep in mind, the conferences are not recorded in any way. They only recording would be the notes taken by the ACS worker. This conference is on their turf and they control...

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.

Ex-con ACS worker accused of attacking 6-year-old boy in Manhattan Ad Duration 00:00 PLAY PLAY Current time LIVE Duration TOGGLE MUTE Volume SETTINGS PIP TOGGLE FULLSCREEN Candace McCowan, Eyewitness News Updated 39 mins ago KIPS BAY, Manhattan (WABC) --  A child welfare worker is accused of attacking a little boy in Manhattan and Eyewitness News has learned troubling details about his criminal past. Questions remain on how the employee was hired by ACS in the first place after he served 28 years behind bars for second-degree murder. Jacques Edwards, 55, was working Friday at the Nicholas Scoppetta Children's Center on 1st Avenue when the incident happened. EMBED  MORE NEWS VIDEOS NJ Burkett reports on the child welfare worker accused of attacking a little boy in Manhattan. Police say he's accused of pushing a 6-year-old boy in ACS custody into a door, before carrying him to a large metal cabinet...

ACS wrongfully accused a mother of harming her sick child. Queens ACS lawyer, Michael Discioarro, was able to prove to the court that the mother was innocent and ACS was trumping up charges against the family. New York, New York, July 3, 2018 (PressRelease.com) -  The case of ACS v. J.H was a difficult one. The child in question was born ine very difficult manner and as a reult sustained childbirth injuries. As a result, the child underwent numerous surgeries to alleviate the injruies to his head. During one of the hospital stays, ACS witness, Dr. Jamie Hoffman-Rosenfeld, determined that the child was being intentionally injured by someone. ACS lawyers then drafted a petition that accused both the mother and father of abusing their child. The child was placed in foster care for 18 months while the court case dragged on. Finally the case was sent to The Hon. J. Caloras for trial. Because of ACS delays the trial dragged on for months. ACS was represented by attorney Dafna Schind...

One of the biggest complaints we hear from parents is that the ACS worker barged into their home and demanded to speak to they child outside the presence of the parent. This is a common ACS tactic that allows the ACS worker to claim that the child made statements in order to prosecute a case against the parent. ACS workers rely on the fear and unfamiliarity of parents with the legal system to force parents into useless services that are completely ineffective. In addition, these services are run by third party providers who's only interest is to obtaining new clients and increase their budgets. The ACS budget for this year is a little over 3 billion dollars. It is staggering how ineffective this agency is and how wasteful the senior leadership are with all of the money. Where does it go? Who decides? Why are caseloads still so high? Why is there such high turnover at acs? No one in the upper management has ever answered these questions. This is an agency where failure is the norm...

ACS workers will now have former NYPD cops to help them in investigations. As the video states, " they will help parents open the door". This means that the officer will be used to intimidate parents into following ACS orders. This will lead to an attack on the rights of parents. BROOKLYNACSLAWYER.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

Every day, ACS workers go to the NYPD and demand help in accomplishing their work. Usually this involves going to a parents home and by force, remove the children. This is the very last thing that a New York City Police Officer signed up for. They NYPD is fully aware how dysfunctional ACS is and they would rather not deal with ACS workers. However, they are mandate to by their commanders. NYPD detectives also don't like to work with ACS workers because of the sloppiness and baseless of cases that they bring. ACS workers will also involve the NYPD in lawsuits because of the cases that they chose to take to court.  The rank and file police officers do not want to knock on a parents door and remove a child from their custody. The removal of a child from the home is traumatic and can scar a child for life. This has no bearing on ACS workers. To them, its another child they can throw into the foster care system and obtain tens of thousands of dollars a year for funding. QUEENSACSLAW...

This is a common question from frustrated parents. The truth is that, in the hierarchy of courts, Family Court is seen as the lowest one nu prospective judges. Judges would much rather have the prestige of Supreme Court in Civil and Criminal cases. Another reason is that the legislature has ignored the needs of family court for a long time. There are simply not enough judges and the caseload is crushing. Just receiving a trial date can take months. Also, in every ACS case, every adjournment has to meet the schedules of three different attorneys, the can be very difficult. It is in this environment that ACS dysfunction thrives. ACS workers do not want an open and fair trial They prefer to accuse parents of abuse and then drag it out through the court system. In the interim, they demand that parents do useless "services" in order to help them become better parents. It is a completely corrupt system that needs to be addressed. As we have said many times. We need juries in Fami...

The case of ACS v. A.W was particularly sad. The child had been in 6 different foster homes in 8 months of life. and ACS wanted to continue to put her in another home. The Law Offices of Michael Discioarro, LLC filed for a 1028 hearing on behalf of the father of the child. After a three day hearing, the Court granted the father's motion and the baby was returned to the father. " It is simply outrageous how stubbornly acs tries to hold on to kids in foster care. There is clearly a financial motive behind it. A child in foster care is worth tens of thousands of dollars to ACS" Mr. Discioarro said. If your child has been removed, you should discuss the option of filing for a 1028 hearing to demand the return of the child to the parent. BROOKLYNACSATTORNEY.COM QUEENSACSLAWYER.COM BROOKLYNACSLAWYER.COM

This is one of the favorite tactics of an ACS worker. They will claim that they received a call that the parent uses drugs around the children. It does not matter to the ACS worker who made the call. The ACS worker will then demand that the parent take a drug test. The ACS game is that if the parent comes back negative, they will demand other things from the parent and if the parent comes back positive they will attack them for the results. It is imperative that the parent obtain an attorney as soon as ACS demands a drug test. Saying no may open the door for ACS to remove the child. An attorney will quickly fight back and hold ACS to its legal obligations. It is very important not to speak to the ACS worker at all. They will often manufacture a lie and claim you have made managing statements. NYCACSLAWYER.COM

Why did ACS indicate me at OCFS? This is a common question. The first reason is that the ACS did not have enough evidence to actually file a case against you in Family Court. This is a way of the ACS worker making pretend that they are actually doing something. Then the parents dmustattend an OCFS hearing. The parents must at risk are those who have jobs in the medical, education or child care. Once you have been indicated, it will negatively impact you ability to work in these fields. The hearings are conducted at the OCFS in Harlem and can last a few hours. A judge will then issue a written decision. ACSATTORNEYS.COM QUEENSACSLAWYER.COM BROOKLYNACSATTORNEY.COM NYCACSLAWYER.COM

This is the worst time for parents. ACS workers will show up at your door without notice and demand to be let in. The most important thing you can do when they arrive is to record the entire episode. The ACS worker will object and some tell parents that it is illegal to record them. This is imply not true. You need a record of what occured when ACS workers start to tell their lies. Record, record, record! Protect your rights. ACSATTORNEYS.COM QUEENSACSLAWYER.COM BROOKLYNACSLAWYER.COM BRONXACSLAWYER.COM

This is actually a common question asked of ACS workers. Their answer is always, NO! They will advise the parents that they do not need a lawyer because the case is not in court. The ACS worker does this simply to make her job easier. Without the advice of an attorney, the parent is at the mercy of the ACS worker. Thus, the ACS worker will demand that the parent follow or orders or they will take " court action" against the parent. ACS relies on threats and intimidation to force parents to comply. Do not be mislead. As soon as you are aware that ACS is investigating your family, contact an attorney. Protect your rights and your family. BROOKLYNACSLAWYER.COM BROOKLYNACSATTORNEY.COM

With the new school year, the department of education in NYC will once again begin to call ACS on parents. The NYC DOE is a highly dysfunctional bureaucracy which is most interested in self preservation. The minute a teacher has a disagreement with a parent the DOE calls acs in order to protect their political turf. Parents must be very careful when dealing with school officials, the DOE is simply a recruiting agency for ACS workers. BROOKLYNACSATTORNEY.COM FIGHTACS.COM

This is a heart-wrenching question that we hear from parents on a daily basis. The dysfunction at ACS is so vast and deep it is difficult to answer this question because ACS workers are so unpredictable. There are some types of cases where ACS workers remove children almost immediately. 1. MENTAL HEALTH- If a parent admits to an ACS worker that they have had any type of mental health issues, the ACS worker will look for any reason to remove the child. They will use anything in the parents history to justify this removal. So if a parent seeks mental health help. they place their child in jeopardy. This is one of the ways ACS tears families apart. 2. DOMESTIC ABUSE- If ACS believes that a mother is "allowing" herself to be abused by a husband or boyfriend, ACS will remove the child. ACS will claim that the child is in danger and demand removal. 3. DIRTY HOME- If an ACS worker believes you have a dirty home, they will remove the child on the spot. This often happens when ...

The Law Offices of Michael S. Discioarro, LLC has created a new website for parents in Brooklyn to deal with ACS. ACS is a highly dysfunctional agency that targets parents in Brooklyn every day. The biggest tool ACS has against parents is fear. This website will help parents fight ACS. BROOKLYNACSATTORNEY.COM