Ok i had my daughter last year and acs took her without proably cause and when they put me into a service they procastinated wit

Asked over 1 year ago - Flushing, NY

h helping me with housing and returning her to me can i sue

Attorney answers (3)

  1. Jack Richard Lebowitz

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . You **may** be able to seek a certain kind of relief for review of administrative determinations in New York called an Article 78 proceeding to reverse determinations of officials which have no rational basis ("arbitrary or capricious" or not based on substantial evidence) or claims in a special court, the Court of Claims, against the State if you suffered monetary damages, but both of these remedies have very short statutes of limitation and special procedures.

    So the answer, practically speaking, is generally "no", especially given societies interest in protecting minor children from abuse and neglect and the wide discretion that the system gives those social workers charged with making the call in the first instance.

    So you should see a lawyer perhaps to get the true skinny on your facts (which I wouldn't post in detail on this non-confidential forum), but expect the answers not to be encouraging unless what the social workers did was totally unfounded and outrageous (and just being wrong about the allegations of abuse is not enough)/*...such as the not-unusual malicious lie of an ex- that the CP is doing drugs or abusing the child or a misperception by a teacher or pediatrician...they get to act first and be wrong later if a child is in jeopardy...

    */ an example of something outrageous is the network of social workers in Pennsylvania who were referring children to corrupt judges who confined the children in institutional foster care facilities they owned, not normal "mistakes" of CPS workers.

    This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states... more
  2. Lawrence Allen Weinreich

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Propably not as there is qualified immunity for ACS. You should speak with an attorney in regard to all of the facts of your case.

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    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.
  3. Maria C. Tebano

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Most likely not. When they took your daughter, you could have filed a petition in family court and expedited the matter.

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