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Showing posts with the label HOW PARENTS CAN SUE ACS

WHAT IS AN ACS ADVOCATE

During child safety conferences, ACS workers will assign a parent an "advocate". This is a person who works for ACS who's job it is to advocate for the parent. In reality, this person will advise the parent to simply cooperate with ACS and the case will beaver soon. They are there to "soften up" the parent so ACS workers can extract more information from the parent and attack them as much as they can. If you are being taken to a child safety conference by ACS, contact an attorney as soon as possible. our hotline is 917-519-8417. FIGHTACS.COM STATENISLANDACSLAWYER.COM

HOW TO WIN A 1028 HEARING AGAINST ACS

The Family Court Act section 1028 allows parents to have a hearing if their children have been removed by ACS or in many cases if the parent has been excluded from the home. In the vast majority of cases, the Court must begin the hearing within three days. Here is the catch, the Court does not have any time frame in which it must conclude the hearing.  Family Court judges in NYC are swamped to say the least. The demands on their time are severe and ultimately parents and children suffer. So how does one actually win a 1028 hearing? To begin with, the burden is on ACS to show that the parent is an imminent risk. Imminent does not mean possible. The risk must be real and lurking. Each case is unique but here are some things you must do: - Bring witnesses if any - Be prepared to testify on your own behalf. -Use ACS tactics against them. - Read all of the progress notes in the case. ACS has certain tricks and tactics that they use in order to win the hearing. Remember a chi...

SHOULD I GET A LAWYER FOR AN ACS CASE?

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

HOW TO SUE ACS

Our office receives many calls by parents asking how they can sue ACS. This is a very complicated question. The first thing a parent  must do is to document all of the interactions that they have with an ACS worker. Second, parents must be organized and collect evidence of their innocence. Because ACS is a city agency, what is called a Notice of Claim must be filed with NYC within 90 days of the incident. This is a very complicated process. Additionally, ACS has certain legal protections because they are part of the state. In order to overcome these protections, one must retain a seasoned attorney in order to fight the case in court. The most damaging thing that a parent can do, is speak to the ACS worker. They are trained to attack the parents. Every explanation or evidence that a parent tries to provide will be used against them. It is crucially important to contact an attorney as soon as you are contacted by an ACS worker. This will be the best way to protect your rights. BR...