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Showing posts with the label can I record ACS workers

WHAT IS THE ACS INVESTIGATION PROCESS?

 This is a common question and often never clearly answered by ACS. This is the official ACS statement on what ACS does during an investigation: During the investigation, ACS will: Contact the person who made the report within 24 hours, to gather more information. Make an unannounced visit to your home within 24 – 48 hours of the report. CPS must see and speak to all your biological children living with you or with other caretakers, as well as all children that are present in the home during the investigation. Speak to all adults or caretakers living in the home. Give you a letter called a Notice of Existence, informing you that you have an open investigation of abuse or maltreatment. If you are not home, CPS will leave a Notice of Home Visit letter informing you of the visit. Check to make sure your home is free of hazards, has adequate food, safe sleeping arrangements, etc. Go to your child’s school, talk to family members and other people who may know your child, like a neighbor...

HOW TO BEAT AN ACS CASE

There are certain rules that apply to all ACS cases no matter what the charge. These are things that parents must do in order to win the case; 1. Document who all the players all. ACS workers like to hide their identity so make sure to ask for id. 2. Gather all of the evidence that you need and present it to ACS and make sure they acknowledge receipt . 3. record any and all ACS conversations. 4. Make sure you and your attorney are on the same page. 5. Line up your witnesses. 6.Be respectful of Judge. These are some of the basic rules that you must follow. Remember that ACS workers will lie about your case at every chance they get so stay on top of their lies. Keep in constant contact with your attorney and make sure he understands your point of view. STATENISLANDACSLAWYER.COM FIGHTACS.COM BROOKLYNACSLAWYER.COM

APPELLATE COURT SLAMS ACS AND REVERSE JUDGE MICHAEL MILSAP OF THE BRONX FAMILY COURT

Our clients were deathly afraid of their foster son who had attacked and savagely beaten his father. ACS demanded that the parents meet with the son to plant for his future. As the attorneys, we contacted ACS and advised that we would represent the parents. ACS refused to have any contact with our office and filed a neglect petition against the parents. At trial, Judge Michael Milsap wrongly agreed with ACS. The unanimous court overturned his decision. Real below. Renwick, J.P., Gische, Kapnick, Singh, JJ. 9809- 9809A In re Elijah M., A Child under the Age of Eighteen Years, etc., Robin M., et al., Respondents-Appellants, Administration for Children’s Services, Petitioner-Respondent. _________________________ Law Office of Stephen N. Preziosi, P.C., New York, (Stephen N. Preziosi of counsel), for appellants. Zachary W. Carter, Corporation Counsel, New York (Carolyn Walther of counsel), f...

THE DEVASTATING CONSEQUENCES OF SPEAKING TO AN ACS WORKER WITHOUT AN ATTORNEY

I have nothing to hide. This is what most parents believe when they receive a call from ACS. Naturally, parents will freely let the ACS worker in and discuss all sorts of family issues. Here are some of the reasons why you should seek an attorney as soon as possible: - ACS workers have an agenda. First, if they can, they want to remove the child. If not, they want the parents to submit to supervision and useless services. Why? Its very simple. ACS has a $3.1 billion budget and they must have " customers" to use to keep their funding. - Anything you say to an ACS worker will not be recorded in any way and will later be twisted or lied about and used against you. - ACS workers will not tell you the truth about who called and why. - Once you are placed on the Child Maltreatment list you cannot adopt or work with children. -ACS workers will tell you that you do not need an attorney. This should raise a suspicion. If you have been visited by ACS, Contact an attorney as...

THE FEDERAL LAWSUIT AGAINST ACS

We are asked every day how to sue ACS. The biggest challenge is that ACS holds certain state given immunities. Thus suing ACS and winning is very difficult. Many attorneys will not take an ACS lawsuit case in most instances. We only defend parents and do not bring suit in court. An effective way to hold ACS accountable is to file suit in federal court. The courts have offices that a assist pro-se litigants. ACS has much less power in federal court. They must adhere to the judges schedule or face punishment. If you believe you have a lawsuit against ACS, but no attorney will take your case, consider filing pro-se. You will have to pay all of the associated fees and costs of a lawsuit which can run into the thousands of dollars. Contact federal court today. Click on the links below. http://www.nysd.uscourts.gov/prose?contact https://www.nyed.uscourts.gov/pro-se-office

THE ACS INVESTIGATION PROCESS

Parents that have dealt with ACS workers tell horrific tales. How does ACS conduct an investigation?First, the ACS worker will appear on your doorstep without an warning or advance notice. Second they usually do not show id or provide business cards to parents because they do not want to be identified. They will then tell the parent that someone called and ACS has concerns. Any anonymous phone call to ACS will start an investigation. The worker will not tell the parent the exact charges but will only state that ACS has concerns. The ACS worker will then try to speak to your children alone. The most important part of the investigation and what ACS workers are fearful of doing, is recording the interviews in any way. In an era where digital recording is cheap and easy, this is a nightmare for the ACS worker. By not recording the interviews, ACS workers will claim that the parent said things that they did not say. Remember, the ACS worker has two goals. First, is the removal of the ch...

DO NOT SPEAK TO ACS WORKERS

We often hear from our clients that they have tried to prove to ACS that they are good parents and ACS workers simply will not listen. The reason for this is very simple. The ACS agenda is to attack as many parents as possible and place as many children as possible in Foster Care. This both secures their jobs and their funding. parents usually find that ACS workers simply lie about what the parents or children have said to ACS. The solution is to speak to an attorney BEFORE speaking to ACS workers. This assures that your rights will be protected and your children will not be removed. Brooklynacslawyer.com

ACS TWO-PRONG ATTACK

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

HOW ACS FORCES PARENTS INTO SETTLEMENT IN COURT

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...

COURT APPOINTED ATTORNEYS IN FAMILY COURT

Parents who cannot afford to hire their own attorney in Family Court in NYC are assigned attorneys to them by the Court. These attorneys are called 18B attorneys and are private lawyers that are paid by the court to represent parents. Many parents have expressed frustration with using 18B attorneys, stating that they do nothing for them. In reality, many of these attorneys are excellent lawyers. The problem arises when they are overwhelmed by cases that they cannot give sufficient time to the client to discuss their case. It is not the fault of the attorneys. No attorney can properly handle many cases at once. There is a limit to the time and effort that each attorney can give. We have always strongly urged parents to hire their own Family Court lawyers when possible. Make sure to hire someone who is familiar with NYC courts and has experience. Fighting ACS is not a part time job. They use all sorts of tactics in court to attack the parent. Try and hire your own attorney whenever pos...

CAN I RECORD THE ACS WORKER?

This is a common question asked by parents. New York law allows you to record your own telephone conversation as long as both parties are in New York. You can also record in person conversations in most states. We find this to be an effective tool in dealing with ACS workers. It is also effective if you tell the ACS worker that you are recording her. Most ACS workers will demand that you turn off the recorder. Stand up for your rights and do not speak to an ACS worker without an attorney.