ACS is required by law to obtain a judge’s permission before removing a child from a family, except for emergency removals when a child is in immediate danger and there is no time to get a court order. A lawsuit filed by parents alleges ACS uses emergency removal authority even when imminent risk is not present, resulting in removals made without a court order in more than half of cases. The lawsuit claims ACS seeks judicial approval only after separation and that many cases fail judicial scrutiny. Plaintiffs allege the trauma of removal causes lasting harm, including post-traumatic stress symptoms, cognitive delays, and impairments. ACS states it seeks to keep families together when safely possible and reviews the lawsuit with its Law Department.
"By law, ACS is required to obtain a judge's permission before removing a child from their family, but there is an exception for an emergency removal if the child is in immediate danger and there is no time to get a court order. The lawsuit, filed on May 28 by a group of parents who were forcibly separated from their children by ACS, alleges that the agency systematically abuses this power in instances where that do not pose an imminent risk to the life or safety of the child, claiming that the the agency has adopted an unwritten policy, practice and/or custom that has resulted in more than 50% of removals being made without a court order."
"In these cases, ACS seeks judicial approval only after the family has already been separated, yet a significant percentage fail to withstand judicial scrutiny. In the required judicial review after an emergency removal, more than 25% of such cases do not meet the legal justification for the child to remain in state custody a statistic that the plaintiffs argue undercounts illegal removals. ACS doesn't live up to its mission, said one of the parent plaintiffs who joined the case under the pseudonym Danielle Lorimer."
"It says it is there to help us, but it never provides any meaningful support to struggling families. Instead, it separates families. The lawsuit alleges that the trauma of removal has lasting impacts on the lives of children, who can develop post-traumatic stress disorders that lead to cognitive delays and impairments. An ACS spokesperson maintained the agency is committed to keeping families together whenever that is safely possible."
"The agency is reviewing the lawsuit with the Law Department. Emergency removals are only considered in circumstances where all other options are ruled out, and teams of highly trained child protective staff determine that a child is in imminent danger and that there is not enough time to get a court order, the spokesperson said. The Kings County Family Courthouse in Downtown Brooklyn.Photo"
Read at www.amny.com
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