Can I sue ACS?

Asked over 1 year ago - New York, NY

I was having issues with my 15 years old daughter. I personally went and asked for help at Family Court. The next day ACS show up and accused me of neglect and removed her. I told ACS i want my daughter to go to a family member care for a year in between the year i have not received any help from any family services i have lost my job of 15 years and etc...and now I was told that I have to be supervised to see my daughter and I have a child neglect in my record.

Attorney answers (3)

  1. David Ivan Bliven

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . At present, you would have no basis to sue ACS yet, as your primary focus must be on defeating the ACS case. Thus, you must move to dismiss the ACS case, or alternatively take it to trial & prevail. To preserve your state law claims, however, you should file a notice of claim with the City within 90 days of the removal date. For a full assessment, schedule a consultation with a NYC Child Abuse defense attorney.

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  2. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . The child protective apparatus in Manhattan is especially out of control and Article 10 judges are hand picked by the Mayor for their zeal in "protecting kids".

    You can sue the city by first filing notice of suit with the comptroller's office and observing statutory filing times. The problem is you will not succeed. The different entities, although totally unregulated, enjoy varying degrees of immunity from suit. The only person not immune is the lone caseworker who is judgment proof.

    There is also virtually no basis for a suit because the child protective apparatus can manufacture any allegation and get it converted into the truth with a judge's order. It's them against you and you always lose.

    It could be that your kid outmaneuvered you. She knew you were aiming at a proceeding against her and she fabricated an allegation of abuse against you. Kids are educated rather well today.

    Good luck.

  3. Marco Caviglia

    Contributor Level 20

    3

    Lawyers agree

    Answered . You must defeat the proceedings against you first, and cannot accept an ACD even. If you are successful, then you may sue. As ACS is a government agency, you have 90 days to file a notice of claim from the wrongful act, but may have 90 days from the last day they kept the child as a continuing act and harm. You should check with a PI attorney on your prospects and the commencement point of the 90 days. Your requesting or consenting to certain aspects may be problematic. To even consider all this, you must use an attorney right away.

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