ACS Proceeding’s (Administration for Children’s Services)
Nothing can be more terrifying and daunting than having a child removed from your care and custody by a state agency. In New York State, any child under the age of 18 can be removed from your care without a court order by the Administration for Child Services (ACS) or the police under an emergency petition. While they may believe they are acting in the best interests of your child, a thorough investigation may reveal that the allegations stem from bias, undeveloped facts, or even from a malicious act or accusation by another.
Understanding and working through this legal process can be a long and harrowing ordeal. Should you find yourself, or your child, involved with ACS Proceedings (Administration for Children’s Services), you can call upon the Law Firm of Emdin & Russell, LLP to diligently work on your behalf. We seek a speedy resolution so that the client’s family can be whole again. Our legal team is dedicated to reuniting the family, through proven innocence, or obtaining the services needed.
The Manhattan Law Firm of Emdin & Russell, LLP., knows well that the process that follows, which involves three separate hearings, is one that can prove to be overwhelming to the parents (respondents). That is why you need seasoned attorneys such as Emdin and Russell, LLP to guide you through the process. The hearings are as follows:
- The Fact-Finding Hearing – During this step the court convenes to hear testimony, including interviews with the children by the judge, and review evidence as presented by the ACS Attorney and/or appointed ‘attorney for the child’. The lawyers for the respondents can cross-examine witnesses and challenge evidence as well as present their own witnesses and evidence. It is at this hearing that the court determines whether the child is abused or neglected.
- The Dispositional Hearing – If the court does not dismiss the petition of ACS, this hearing will be held to determine what is in the best interest of the child. If the child has not been removed from the home at this time it can be so ordered at this hearing. The respondents and the child’s home will then be subjected to a court ordered investigation to be performed by ACS. The court can also determine to release the child to the home under conditions or supervision, issue orders for protection, mandate services among other options.
- The Permanency Hearing – Once all of the investigations have been made and the court reviews the results, this hearing will be held to make the final decision of action. More than one permanency hearing is held, the first 8 months after the results of the dispositional hearing and every 6 months after that. During these hearing the court will determine the appropriateness of the ACS permanency plan as well as determine if ACS is doing everything possible to carry out the plan
You can rely upon the attorneys at the Manhattan Law Firm of Emdin & Russell LLP to represent and counsel you and your children through the ACS Proceedings (Administration for Children’s Services).
Reference in second sentence of first paragraph and details about the hearing process detailed in the bullets – https://www.nycourts.gov/courts/nyc/family/faqs_abusedchildren.shtml