About ACS
What Is ACS?
The New York City Administration for Children’s Services is the agency responsible for providing child welfare services that include protecting children from abuse or neglect.
The NYC.gov website describes ACS as:
The Administration for Children’s Services (ACS) protects and promotes safety and well-being of New York City’s children and families by providing child welfare, juvenile justice, and early care and education services.
In child welfare, ACS contracts with private nonprofit organizations to support and stabilize families at risk of a crisis through preventive services, and provides foster care services for children not able to safely remain at home.
Although the ACS tagline says “ mention is that ACS can charge a parent with a crime, take your children away, and place them in foster care! ACS is a highly dysfunctional agency that causes serious damage to families and has had dozens of children die under their custody as a result of their incompetence.
Reasons ACS Investigates
- ACS encourages anonymous callers to report suspected child abuse
- Your child is arrested. The NYPD is required to report the problem to ACS
- The parent is arrested. NYPD will ask who is caring for your children while you are in jail waiting for a judge to arraign your case and set a court date
- A school official contacts ACS
- A doctor is required to report suspicious injuries to ACS
If you are contacted by an ACS caseworker do not talk to them directly, contact a Queens ACS Attorney to fight for your rights!
ACS Phone Calls
Once ACS chooses to investigate a claim of child abuse or neglect they will try to contact you, the parent or guardian, by various means. An ACS caseworker may initially contact you by phone. The ACS caseworker will want to interview you on the phone. Do not answer any questions! Politely inform the ACS caseworker that you would prefer to answer any questions with your attorney present. You have the right to request an attorney for legal advice and ACS is aware of this right. The case worker may then become threatening. Do not become intimidated. Contact an ACS attorney to defend your rights! Do not answer the ACS workers questions since they do not record the conversation and ACS workers often misinterpret the facts you provide.
If you choose to provide information to an ACS caseworker, this will provide ACS with more opportunities to manufacture lies about you and your family. Always remain professional and defend your right to an attorney.
ACS Visits
Once an ACS agent begins an investigation, they are required to visit your home within 24-48 hours of receiving a report of child abuse or neglect. According to the ACS website, ACS will:
- Make an unannounced visit to your home within 24 – 48 hours.
- Demand to see and speak to all your children or those you supervise.
- 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.
- If you allow them inside, they will check to make sure your home is free of hazards, has adequate food, and safe sleeping arrangements.
https://www1.nyc.gov/site/acs/child-welfare/parents-guide-child-abuse-investigation.page
If an ACS worker visits your home do NOT open the door, do NOT let them inside and do NOT let them see the inside of your house. Even if the ACS worker is accompanied by a police officer, the Constitution of the United States and New York State do not allow the police to enter your home without a warrant signed by a judge. Unless ACS provides a warrant that is signed by a judge, Do NOT Let Them Inside.
Advise any visiting caseworker that you do not want to make any statements and that your attorney will contact them. Expect to be threatened by the ACS worker and the police officers. Do not answer any questions! Politely inform the ACS caseworker or policeman that you cannot answer any questions without your attorney present.
Do not answer the ACS workers questions since the caseworker will not record the conversation and then has the liberty to misinterpret any information you provide in court.
You have the right to request an attorney for legal advice and ACS is aware of this right. Contact an ACS lawyer to defend your rights
If ACS visits your home or apartment, call Queens ACS Attorney Michael Discioarro.
ACS Investigations
The ACS website provides the following information about an ACS investigation:
If you have been contacted by ACS:
- ACS has received a report from the New York State Central Register (SCR) of Child Abuse and Maltreatment that a child in your care is alleged to have been abused or neglected. ACS is required to investigate all reports received.
When ACS receives a report from the SCR, ACS must ensure the safety and well-being of every child listed on the report and take steps to find out if there is some credible evidence of the alleged abuse or neglect.
During the investigation, CPS 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, building superintendent, teacher, doctor, nurse, NYPD, etc.
- During the investigation, if it is determined that services are required, ACS will refer you to services and work with you to help you receive those services.
- The CPS may offer you Community Based Services, Preventive Services, or ask you to attend an Initial Child Safety Conference (ICSC) as a result of concerns noted during the investigation.
Making a Determination
Within 60 days or fewer, CPS will make a determination of whether or not the report is “indicated” or “unfounded”.
Indicated means that:
- CPS found enough evidence to support the claim that a child has been abused or neglected.
- You will receive a letter from CPS called a “Notice of Indication,” telling you that the report was indicated. The letter will also notify you of your right to ask for a review of that decision, which must be done within 60 days of the receipt of the letter.
Unfounded means that:
- CPS did not find enough evidence to support the claim that a child has been abused or neglected.
- You will receive a letter from the New York State Central Register (SCR) that the report was unfounded.
- You may still be offered community-based service and/or preventive services to help support your family.
https://www1.nyc.gov/site/acs/child-welfare/parents-guide-child-abuse-investigation.page
Once ACS receives a complaint no matter how trivial, they will investigate it. The usual methods of investigation by ACS is by making home visits and speaking with the parents. The most important thing to do when contacted by an ACS worked is DO NOT SPEAK to them. The ACS workers do not record the interviews in any way. This allows them to allege that parents have made certain statements and lie in court if the need arises. If the conversation is not recorded, there is no way to challenge their lies.
If you are the subject of an ACS investigation you need to contact Brooklyn Criminal Defense Attorney Michael Discioarro. 917-519-8417 24 hours a day – 7 days a week. Retain an experienced ACS attorney to fight for your rights.
Queens ACS Office
If you reside in the borough of Queens the ACS office is located:
165-15 Archer Avenue
Jamaica, NY 11433
Contact A Queens ACS Attorney:
Call: 917-519-8417