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Showing posts with the label HIPPA forms

WHAT "EVIDENCE" WILL ACS TRY AND USE AGAINST ME?

 The vast majority of parents are simply shocked when they see what ACS workers try and accuse them of. The ACS worker pays a two-sided game. When she first contacts the parents she advises them that this is a routine investigation and that they should comply to make things easier and that there is no reason to hire an attorney because the case " is not in court". Meanwhile, at every step, the ACS worker and her supervisor is preparing the case for court and to present to a judge and accuse the parents of neglect or abuse. The most shocking moment for a parent is when they arrive at court and are presented with a copy of the charges that have been filed with the court. Blatant lies will suddenly appear in what is called the petition and this is what is presented to a judge as the truth. It is this two-sided game tat allows ACS workers to operate. The biggest lies they tell is to claim that the parents made certain statements that prove they are abusing their children. And ...

UNDUE JUDICIAL INFLUENCE IN ACS CASES

As we have discussed in the past, there are no juries in Family Court . Thus, all of the power resides in the judge. So when a judge has an opinion about a case, both parties have to heed that opinion. In once recent case, we were defending a family in court when the judge excluded the family from court and had a conference with only the lawyers. This is common in almost every area of law. Judges, with limited time, try to settle cases. The problem in family court is that because there are no juries, what the judge says is law. In most other areas of law you can tell a judge that you would like a juries opinion about case. This underscores the need for juries in Family Court . There simply is no reason why a fair society must give all the power to one individual in matters as important as this. ACSATTORNEY.COM

A VICTORY FOR A FATHER

The case was as complicated as it gets. F.S. and his soon to be ex-wife were in the process of a hotly contested divorce. She had accused him of domestic violence, had him arrested and ACS brought neglect charges against F.S. in Family Court. After a trial before the Hon. Emily Olshansky, the Court found the client did not commit child abuse. "There was a lot at stake for our client in this case. If he lost this case he would have certainly lost custody," Mr. Discioarro said. The soon to be ex-wife testified how awful and controlling F.S. was and how he was violent and abused her for years. Meanwhile, under intense cross-examination, she admitted to shoplifting, and even lying to her friends and family on Facebook as to her academic achievements. "ACS did a very poor job of investigating this case," Mr. Discioarro said. "They should have known that this woman was lying about almost everything in her life." The judge rendered a verdict from the...

SHOULD I SIGN THE HIPPA FORM?

ACS workers will always ask parents to sign a HIPPA form. This allows the ACS worker to obtain your child's medical records. We are often asked by parents if they should sign one. We always advise parents not to sign the HIPPA form. The reason ACS workers want to access the medical records is to dig through them and try to blame the parents for a child's medical condition. This is a common tactic in ACS investigations. If an ACS worker asks you to sign the form, politely decline and advise you will be seeking the advice of an attorney.