NEW YORK CITY ACS DEFENSE LAWYER

  ACS is putting families in bug infested shelters hurting kids. This shelter is at Front Hotel. This is awful and children should not be subjected to it. FIGHTACS.COM BROOKLYNACSLAWYER.COM BROOKLYNACSATTORNEY.COM

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 ...

 One of the most common ACS tactics is to roam a building where the target family is and ask the people in the building and the neighborhood if they have any complaints about the target family. If anyone says anything negative, it will be placed in the ACS report and taken as truth by ACS. This is a complete violation of a parent's rights. It is something that we have brought to the attention of the ACS Commissioner and have been ignored. The goal of ACS is to attack families. If your family has been targeted by ACS, don't speak to the ACS worker.  Contact our hotline at 917-519-8417. FIGHTACS.COM STATENISLANDACSLAWYER.COM BROOKLYNACSLAWYER.COM

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

The Family Court Act is the New York Law that governs Family Courts in New York state. A simple reading of this law, will show you how much power family court judges have in the state. They, and only they, decide what happens to your children. With that understanding, ACS workers and lawyers have a keen understanding of each judge and will craft their case accordingly. In criminal and civil courts, the juries have the ultimate say. There is no reason why parents do not deserve juries in Family Court to judge them if they have neglected their child We recently had one ACS lawyer tell us that Family Court is not " punitive'. This is simply an outrageous remark. What could be more punitive than losing your child?  Family Court proceedings are hidden from the light of the public because no juries are allowed. Parents are abused by an A CS bureaucracy that is concerned only with its self-preservation. It is time for juries in Family Court ACS cases.

It has been reported that ACS investigated, Cesar Gonzales Mugaburu , nine times and did nothing to stop him. There have been countless families injured by the failed agency. If they cannot be trusted to find a child molester right under their noses, how van they be trusted to investigate parents in cases of neglect. Each child was in the custody of this monster because ACS believed the parents were abusing the children. Our Law Office has seen so many cases of this it truly saddens us.

ACS workers routinely violate a parent's right to counsel in every court case. They do this by engaging in discussions about the case AFTER a lawyer has been either assigned by the judge or retained by the parents.  Once a person has retained an attorney, that attorney must speak for the client. These are the rules that govern the right to counsel in New York. Yet, judge;s often turn a blind eye and attorneys are not aggressive enough in enforcing these rules. The ACS worker is not special. They have no special legal standing. As a matter of fact, they are often badly trained, rude and arrogant and routinely threaten the parents with removal of their children. Do not be a victim. Demand that they speak to your attorney and not you. Assert your rights.

The most common question we get from our clients is; why is ACS doing this to us? The simple answer is that ACS is a highly dysfunctional agency with incompetent leadership that is allowed to abuse parents in NYC. IN addition to this callous incompetence, ACS must keep its numbers up in order to justify the billions of dollars it receives from the city and state. Just like every organization, ACS must justify its existence. This is accomplished by accusing as many parents as possible of abuse and then putting thise parents into "services". At the end of the year ACS writes a report and states that they have helped all of these families and their funding should be increased.  The more parents they "help" the more money they receive, thus keeping their jobs secure. This is why we see many cases being shared b y ACS workers because in places like Manhattan there is not enough of a caseload to support the staff. It's a smoke and mirrors game that ACS workers play to...

ACS is one agency consisting of lawyers and ACS workers. However, when a case is filed against a parent in court, this becomes a real problem. The ACS workers will continue to speak to the parent as they are trying to help them, while the ACS lawyer in court finds ways to attack them, The ACS worker will often report back to the ACS lawyer negative things about the parent. This is the equivalent of a detective arresting you and weekly visiting your home while your trial is going on. ACS workers are trained to avoid the fact that clients have lawyers. The best remedy for this is to refuse to speak to ACS workers about the case without your lawyer present. You can learn more at BROOKLYNACSLAWYER.COM

In a recent case, the parents obtained medical care for their child and ACS was involved. The ACS worker assured the parents that this case was of no concern. Then the parents received a letter in the mail saying they were indicated for child abuse. When the parents tried to obtain an explanation from ACS, the ACS worker would not return their calls. This is a classic ACS case. They assure the parents that nothing is wrong and then hit them with a indication. What this means is now the parents will have to file for a hearing if they want to be removed from the indicated list. This is simply a way to attack parents without any actual proof .Brooklynacslawyer.com

ACS uses several tactics to coerce parents to settle a case in court. The first weapon they have is time. ACS will drag the case on for months and months in hopes of beating down the parents. After a while, most parents are tired of the abuse and harassment and simply take a "deal" to get the case over with. The next and most used tactic is accusing the parents of horrific violations of child abuse in the beginning and letting them plead guilty to something less to get rid of the case. This makes it appear as if the ACS lawyers are reasonable. Also, despite the fact that ACS is one agency, the ACS lawyers call the ACS workers their clients. This allows ACS lawyers to play many roles in negotiations and allows the ACS lawyer to blame the ACS worker if anything should go wrong. No other city agency with their own attorneys walks int court and says they represent themselves. This is pure gamesmanship. Many parents are very dismayed once they learn how dysfunctional the ACS lawy...

ACS workers will use all sorts of tactics to obtain compliance from a parent. Here are some of the most common we encounter in our practice. THREATEN TO TAKE YOU TO COURT- This is the top ACS lie. ACS workers generally want to do as little work as possible. Filing a court petition takes effort and interaction with attorneys. This is a very effective threat against parents. The vast majority of parents will comply once threatened with this action. THE INVESTIGATION WILL LAST 60 DAYS- This is a simply lie to get the parent at ease. After the sixty days are up, the parent will assume that the investigation is over. This is simply not the case. ACs does not adhere to an schedule or regualtions. The investigation goes on as long as they need it to. MY SUPERVISOR SAYS SO- This is called the higher authority trick. The ACS worker will state that the supervisor is demanding more information from the parent. The fact is that ACS supervisors are there to help the worker attack the paren...

If you are reported for child abuse and the caller accuses you of drug use, ACS workers will come into your home and demand that you take the drug tests. Once a test is taken by the parent at an ACS FACILITY, the parent will not be given a copy of the results. The ACS worker will tell the parent that they have failed and demand that the parent enter a drug rehab program. We must also understand that many of these programs that ACS sends parents to are ineffective and are only used to increase the ACS budged by showing that ACS has " helped" families at risk. If and ACS worker asks you to take a drug test, consult an attorney immediately.

Under New York Law  parent can go to court and obtain a Persons In Need Of Supervision warrant from a judge. This is usually done by parents who have an out of control teenager and want help from the police in locating them. Once this is filed, this is fertile ground for ACS to attack parents. ACS worker will interview the child and most of the time the child will say horrible things about the parent. ACS will then take this information and accuse the parent of abuse. This is a way to build up the ACS case load and keep the ACS money train moving. So a parent who goes to the courts seeking help, will often find themselves the target of ACS attacks. This is a very dangerous situation for the parent because the child will quickly recognize that they have power over the parent, and will be emboldened to act out even more.

As every organization, ACS has its bureaucratic needs. The most important thing to ACS is to keep and expand its budget. They receive millions and millions of dollars from state and federal sources. In order to keep up the appearance that they are trying to "help" the children of NYC, they must show annual reports that show how many families they have " helped." Let us be clear, to actually help a struggling family requires expertise and a commitment that ACS workers do not posses. Thus, they are left with the way easier option of making pretend to help, already functioning families. This is the reason why parents are bullied into "programs. ACS knows that if they can throw a family into a year long program, they can then claim that they have "fixed" the parents and continue to receive their funding. It is the equivalent of washing a car that is already clean. This is the root of all of the ACS tactics and pressure to get parents into these programs....

ACS workers demand that parents enter preventative services. These are usually parenting classes that are useless other than to pad the ACS budget. What parents are not told about these programs is that they are often over a year long and are not in control of ACS . They are third party contracts that are paid by ACS or the parent and no one has any control over them. Once a parent enters the program they are locked in and risk being accused of non-compliance.

We are often asked if ACS will take our clients to court. This depends on several factors. The most important one is how long the parents have cooperated with ACS. The longer parents have cooperated with ACS, the higher the probability is that ACS will file w case agains the parents. Once a case is filed, ACS will ask the judge to do certain things. This can include the removal of the children. It is very important to have legal advice at this point. Otherwise ACS will simply force the parents into doing things they do not legally have to do.

In the words of one ACS workers " There is no penalty for wrongfully removing a child from the home". If you are an ACS worker and receive a complaint about a child being abused you have two options. First, you could conduct a full investigation and actually determine if a child is being abused or you can speak to the parent for 10 minutes, determine that the child is abused and demand that the parent enter parenting classes. The second option is obviously easier. It is much easier for an ACS worker to explain to their supervisors that they have found an abused child than it is to document and explain why the child is not abused. It is also less risky. If an ACS worker reports that a child is not abused, they are essentially stating that the family is a healthy unit. This simply takes too much work. Thus, the vast majority of ACS investigations are quick interviews of the parent that are not recorded in any way, and are done in a way for the ACS worker to try and find...

The answer to this question appears to be very little. ACS workers receive very little training once they are hired. Many of them are recent college graduates and have no real work experience. They are also extremely difficult to deal with and accuse parents without any evidence.