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Bronx Child Abuse Attorney Archives

Can I File A Lawsuit Against ACS For Emotional Distress, Illegally Sharing My Medical Status & Removing My 3 Children.

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

Can I fight a preventive service investigation

Q: I have a 7 year old austitic son who has seizures he lives with his mother one night she didn't give him the medication because the doctor told her if it made him to hyper active to take him off ( or so she assumed) a he had a seizure the hospital called acs and they came to her home to evaluate and we told that they saw nothing wrong and it shouldn't last past 2 months after they we may have seen that worker 2 more times and that was it now 7 months later their back saying we have a preventional service case now their at my son's school unannounced and saying we are still being monitored I just want them out of our lives when she came seven months two visits later she is saying we had a status of indicated because my son's mother told them the truth about what happened now we are being hounded for a honest mistake because he is a special needs child and she is bi polar and skitzophenic

I think that I have a winnable case against ACS (the child protective division of the state of New York), do you?

Q: My son and I have been tangled up in the family court system for many months. He was removed from my care following reports I made about a feeling I had that people were breaking into our shelter room while we slept and abusing us sexually. We were laughed at by hospital staff, city officials, and anyone else to which I tried to explain out situation. Due to trauma that caused me to seek mental health services when I was younger, my son was removed from my care and placed in foster care. There he reported to me that he was molested on two separate occasions by older children in the home. When I reported this to the foster care agency following each incident, they accused me of being crazy and putting my son up to it. Him they threw into inpatient care at several mental health facilities. He was put on medications to which I never consented, we were not allowed to see each other, and I had to repeatedly send for money from back home because most of the time transportation fare was not provided. During this time I did everything that ACS requested, except for the voluntary taking of psychotropic medications. (If you have any advice please bless us with us a response to hear the rest)
A: David's Answer: You have not yet stated a caused of action. The issue is whether you were wrongfully deprived of due process rights. Thus, generally to sustain a civil rights claim, you would've need to prevail in either the trial court or appellate court - i.e., a court finding that ACS wrongfully removed your child. Schedule a consult with a Bronx Child Abuse defense attorney for a full assessment.

If I go to the hospital and have my new born,no drugs in my system nor the baby,but I have an open case can they take the baby?

Q: I had a mental black out, I drank till I blanked out and didn't know where I was at, I left my daughter in the house and was suppose to be going to the store and coming right back, that never happened I ended up at the precinct and then to the mental clinic in the daughter has been in care for almost 2yrs.i comply with everything, drug test, my therapist, taking my meds, visitation is only once a week for 2hrs, my daughter keeps changing her mind, one minute she wants to come home, then the next time she doesn't want to come home, it's back and forth with that. the judge is not trying to move this case forward, i am being discriminated against, my lawyer I feel is not fighting enough or know the rights with dealing with this type of situation, my heart is killing me trying to stay strong and now I think I might be pregnant and I wouldn't want to kill the baby if I am, but I don't want cps to take my baby away either, this pregnancy was Not planned, so if I had to kill this baby to keep it away from cps I will. but would they or could they take my new baby from me? If I'm doing good? If I go to the hospital and there is no drugs in either one of our bodies could they take my baby?

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