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Showing posts with the label Bronx ACS lawyer

MAYOR APPOINTS NEW ACS COMMISSIONER

  Jess Dannhauser   (He/Him)    3rd degree connection 3rd Former CEO at Graham Windham Graham Windham University of California, Berkeley New York, New York, United States    Contact info 500+  connections Eric Adams has appointed Jess Dannhauser was the new ACS Commissioner. He was the CEO of Graham Windham who is a third party that contracts with ACS for useless family "services" This is not the right person to change ACS. BROOKLYNACSLAWYER.COM SUEACS.COM STATENISLANDACSLAWYER.COM BRONXACSLAWYER.COM QUEENSACSLAWYER.COM

THE STEPS OF AN ACS CASE

 In this post we will discuss in depth all of the steps of an ACS case. 1. INVESTIGATION - The case starts with a call being made to ACS or the child abuse hotline that a child is being abused or neglected. It is important to remember that anyone can call on anyone for anything. This will result in an ACS worker coming to your doorstep. This may happen at any time of the day or night. Once they arrive ACS workers look for any reason to create a case against the parents. Even if the case is baseless, the ACS worker will dig into your family until they find something they feel they can use to file charges against your family. This investigation can go on for months. DO NOT SPEAK TO ACS WORKERS WITHOUT AN ATTORNEY. 2. CHILD SAFETY CONFERENCE: This is the legal equivalent of being attacked by a gang The parents are ordered to come to an ACS office where they will be facing ACS workers and supervisors. The ACS workers will be attacking them and not listening to anything that the parent...

LAW OFFICES OF MICHAEL S. DISCIOARRO, LLC. ANNOUNCES WINNING A 1028 HEARING AND HAVING CHILD RETURNED TO PARENTS

NEW YORK  -  Nov. 30, 2020  -  PRLog  -- In New York, the Family Court Act gives the parents the right to demand the return of their children if they have been removed by ACS. The actual law is as  follows: Up the application of the parent or other person legally responsible for the care of a child temporarily removed under this part or upon the application of the child's attorney for an order returning the child, the court shall hold a hearing to determine whether the child should be returned (i) unless there has been a hearing pursuant to section one thousand twenty-seven of this article on the removal of the child at which the parent or other person legally responsible for the child's care was present and had the opportunity to be represented by counsel, or (ii) upon good cause shown. Except for good cause shown, such hearing shall be held within three court days of the application and shall not be adjourned. Upon such hearing, the court shall grant the ...

BLACK LIVES MATTER- NOT TO ACS

In a time of unprecdentdn protest the black community is rightfully ready to engage the system at every level. However, one agency does more to damage the black family than any cop ever could. ACS routinely removes black children from their parents and terminates the rights of black parents at a higher rate then white ones. This must end! In our 20 years of observing the system close up, we have seen ACS destroy so many black families. We have tried to communicate this to the three commissioners and no one would listen. This is the time to fight ACS. FIGHTACS.COM BROOKLYNACSLAWYER.COM BROOKLYNACSATTORNEY.COM STATENISLANDACSLAWYER.COM

ACS IS GIVING TEACHERS IN NYC SCHOOLS INACCURATE INFORMATION

This is being given to teachers in NYC schools to explain the ACS process. What the teachers are not being told is that with one phone call the child can be removed.

ACS IS ACCUSING ME OF EDUCATIONAL NEGLECT

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.,...

WHAT DOES IT MEAN TO BE INDICATED FOR CHILD ABUSE?

It is a shock to most parents. You receive a letter in the mail from the Office of Children and Family Services, stating that you have been indicted for child abuse. What does this mean? The OCFS is an office that handles child abuse cases. If ACS does not have enough evidence against parents to bring charges against them in family court, they will bring a case in OCFS. The office does a "review" and advises the parent if they have been indicted. The vast majority of parents will be indicted by OCFS. The process then involves a hearing before an administrative law judge. These indications have serious consequences for parents who work in child care or healthcare. ACS assigns an attorney that handles the OCFS case and will prosecute the case. usually, ACS does not call any witnesses and relies on the reports issues by the ACS worker. Most ACS workers are poorly trained, and seek ways to attack the parent any way they can. It is important to prepare  a cross examination and h...

WHAT DOES ACS DO WHEN THEY FIND SOMEONE REPORTED A FALSE CHILD ABUSE CLAIM- NOTHING

To falsely report a crime or event to a public entity is a crime in New York State. See Penal law 240.50(4). ACS receives thousands of calls a day about suspected child abuse in New York City. Many of them are demonstrably false. In fact in once case, our client's accuser told the ACS worker that she lied and would continue to make false calls. So what does ACS do about these false reports? The answer is absolutely nothing. ACS has one agenda- to accuse as many parents of child abuse and keep their funding and make it appear as they are protecting children. They fail at every step. The children who are in real need are ignored and good parents are attacked in order to  pad the ACS statistics. The names of the dead children still haunt us today. If ACS contacts you, do not speak to them. Contact an attorney as soon as possible. WWW.NYCACSLAWYER.COM WWW.BROOKLYNACSLAWYER.COM WWW.BROOKLYNACSATTORNEY.COM

SHOULD I REPRESENT MYSELF IN FAMILY COURT AGAINST ACS?

The answer yo this question is a resounding NO. Even experienced attorneys do not represent themselves in legal matters. The reason is that your emotional attachment to case will cloud your judgement. Also, and most importantly, ACS lawyers and workers often lie in court about everry facet of the case. You must have an experienced attorney next to you who knows how to attack these lies. The tactic of the ACS lawyer and worker is to always blame the parent and hide as many negative facts as possible. ACSATTORNEYS.COM

THE FAMILY SAFETY CONFERENCE AT ACS OFFICES

At a certain point during the ACS investigation of your family, the ACS worker will order you to attend a Family Safety Conference. The goal of this meeting is to isolate the parents in a room and attack them with allegations. The ACS worker and her supervisor will then offer "services" to the family. The worker and her bosses will stress how badly the family needs this and how the parents will benefit from these wonderful programs. This is simply an ambush. In reality, these services are run by third parties that are not controlled by ACS and are only interested in more funding and keeping their positions. Should the parents resist in any way, the ACS workers will threaten court action and the removal of the children. This is a very stressful experience form most parents.This stress is what the ACS workers and their bosses count on. They want the parents to give up, follow the ACS orders and admit that they are bad parents and enter services for help. It is at this momen...

PARENTS RIGHTS AGAINST ACS

In this post we will explore what concrete rights parents have when dealing with ACS. These are legal rights and cannot be taken away by an ACS worker: - A PARENT HAS THE RIGHT NOT TO SPEAK TO AN ACS WORKER- There is simply no law, rule, or regulation that requires that parents speak to an ACS worker. The ACS worker will accuse you of being "uncooperative". This is a threat. Do not allow this. Stand your ground. -YOU HAVE THE RIGHT TO AN ATTORNEY OF YOUR CHOICE- From the initial ACS visit you can have an attorney by your side every step of the way. The ACS worker will question why you hired an attorney. Do not answer. This is a constitutional right that many people have fought for. -YOU HAVE THE RIGHT TO REFUSE ACS REQUESTS- In our society, the only people that can force a private citizen to do things are the police and a judge's order. ACS cannot force you to do anything. All they can do is ask. If they so desire, they can go obtain a court order. -YOU HAVE THE...

THE ACS SCRIPT IN FAMILY COURT

Once a case has been filed against a parent in Family Court, ACS follows a usual script to get the parents to admit to some wrong-doing. First, they will charge the parents with any "fact" they can get any one to accuse the parents of. To ACS, the accusation is the evidence. Then, ACS will demand that parents complete "services" while the case is pending. In the vast majority of cases, the parents are not advised that these "services" are voluntary and need not be done in order for the case to go forward. However, due to the shock of being dragged before a judge and accused of child abuse, parents will usually do ANYTHING in order to prove to everyone that they are good parents. At no point is ACS ever challenged to prove their case in point. In one recent victory, the ACS worker admitted under oath that she "never" reviewed the parents medical records in a case where they would be very important. After about a year of court proceedings, ACS c...

HOW ACS WEARS DOWN PARENTS IN COURT

The shock of having ACS accuse you of child abuse is often overwhelming to parents. Now they must deal with the NYC Family Court. To begin with, every county has its own Family Court. They are often crowded, loud and there is simply no order. Once a  parent actually enters the courtroom they will soon realize ALL of the power belongs to the judge. There are no juries in New York Family Court. This allows ACS to tailor their cases to a specific judge. Over the years ACS has learned how to intimidate and coerce judges into accepting their way of doing business. We often hear in conferences " This is how things are in Family Court." Because no juries ever get to hear a case, it is a very insular system that does not receive the scrutiny that it deserves. It is simply outrageous that if a person is injured in a car acciden, a jury decides if they receive money, but if the state tries to remove your child, only a judge decides that. Next, the adjourn dates last over a year in mo...

STATEN ISLAND ACS LAWYER

While Staten Island is often called the forgotten borough, ACS is very active in attacking parents in court. Because of the small size of the county, there are only a small number of family court judges and  this allows ACS greater freedom in charging parents. The ACS legal department knows they simply have to cater to the desires of these judges and that makes it easier to create cases against clients. Fortunately, for the parents of Staten Island, the judges in Family Court are very balanced and are good at challenging ACS when cases are brought. If ACS has called you, you must call us!You must find a lawyer that is a skilled negotiator and also has powerful ability in a courtroom setting. With the exceptional legal qualifications of NYC Child Abuse Defense Attorney Michael S. Discioarro, your case will be fully reviewed and evaluated to determine the best course of defense to protect you. In any ACS case, all evidence against you must be thoroughly investigated and all a...

ACS TACTICS IN GOING TO THE CHILD'S SCHOOL

Often ACS workers will run into parents that do not allow them to speak alone with the child. ACS workers have a very easy way of getting around this. They simply go to the child's school and pull them out of class and speak to them without the parent present. School officials are so terrified of ACS workers that they quickly hand the child over to them and the workers talk to the chile alone. This allows the worker to claim that the child made certain statements. If ACs workers meet resistance from school officials they simply threaten them with being arrested for interfering with an investigation. As soon as an ACS worker contacts you, you should contact at attorney as soon as possible. Stand up for your right, or go to BROOKLYNACSLAWYER.COM

THE MOST COMMON ACS WORKER ABUSES AGAINST PARENTS

ACS workers abuse the families they investigate in many ways. The include: - Lie about the conditions of the child - Lie about the condition of the home - Attack the parents by being rude and bullying parents into parenting programs. - Base theis petition to the court on false evidence. - Make surprise visits to the hom late at night - Pull children out of the class to speak to them - Place chidlren in several different foster homes because of their mismanagement. - Allow chidlren to be abused. If you have been abused by ACS, contact us at 917-519-8417 and we will end the abuse.

HOW ACS VIOLATES THE RIGHT TO COUNSEL

The right to an attorney is embedded in our constitution both state and federal. In fact, New York law protects this right even more strongly than federal law. Federal law only sets a floor for constitutional rights, states can give more rights if they want to. Thus, a person represented by an attorney may not be questioned by anyone without his attorney present. ACS workers believe that this does not apply to them. Countless times our office is told by ACS workers that the client must speak to them and it does not matter that they have an attorney. We do not know where this thinking comes from but it is wrong and cannot be allowed to cintinue. You will hear from an ACS worker that "we don't talk to lawyers." This is correct, acs workers do not speak to attorneys. So why should a client represented by an attorney speak to an ACS worker? The reason is that ACS workers want to try and find something negative about the parents that they can then turn around and use again...

WHAT ARE THE "SERVICES" ACS KEEPS TALKING ABOUT?

The very first thing an ACS worker will tell a family is that they want the family to receive services. The ACS worker will never tell the parents how long or what type of services they are and expect the parent to comply. In reality these "services" are useless therapy or anger management programs administered by a third party whom ACS had a contract with. Do not fall for the trick. The agencies that administer these services are not controlled by ACS in any way. The only thing the ACS worker cares about is writing a report that says they helped a family and put them into services. The parents are then left to deal with an agency who wants to keep them in the services in order to keep getting public funds. A family of four in counseling for a year can make an agency tens of thousands of dollars. This applies also to foster care agencies that make millions of dollars a year snatching children away from their parents. We will discuss that in the next post.