Q: ACS has taken all 3 of my children (5 year old daughter & 4 day old set of twins) and placed them with my paternal grandmother. There is no neglect, or no abuse (physical or mental) no drug abuse etc. The case was originally for me not taking my meds for bi polar disorder and for my medical status. Being that I am a single parent I chose not to be on those meds because it would make me nauseous, have diarrhea, vomiting, sleepy basically not functioning enough to care for daughter, so i chose to put my child first. Eventually these things were made aware to certain persons who felt this was cause for an ACS case. My investigative worker visited me in my home and talked very disgustingly to me with no respect or consideration of my feelings. She would say to me “you have a chronic disease” & “you don’t care about your life”. She would constantly twist my words and talk down on me. I Went to court and they stated their accusations as to why they felt my child needed to be removed and the judge ruled in my favor, long story short I was put in a drug treatment program for marijuana which I stopped smoking once finding out I Was pregnant (They were born drug free) please ask for more
A: David’s Answer: I respectfully disagree with the other counsel’s contribution. ACS is not “immune from suit,” instead the agency & its caseworkers only have qualified immunity, which can be overcome in some cases. Moreover, lawsuits have been sustained against ACS (or rather the City of New York) as a whole, though there must generally be proof of a policy which resulted in a deprivation of your rights. All that said, usually the prerequisite to any such lawsuit is prevailing at the Family Court level. Call a Bronx Child Abuse defense attorney to schedule a consult for a full assessment.