Last Updated on: 27th July 2023, 06:30 pm

Under Investigation By ACS in New York City? How an Experienced Attorney Can Help

As a parent, nothing brings more fear than hearing these dreaded words from New York’s Administration for Children’s Services:

“We received a report concerning your child’s safety and have opened an investigation.”

Just like that, ACS has the power to turn your life upside down. But it doesn’t have to go down like this. Having an experienced ACS defense attorney on your side can make all the difference.

Let me explain how it works…

Once ACS receives a report of child maltreatment, they are legally required to investigate. A caseworker will be assigned to assess the credibility of the allegations by interviewing you, family members, school officials, doctors, etc.

During these initial visits, they’ll also evaluate your home environment and check for safety hazards, food access, sleeping arrangements, drug/alcohol use, signs of abuse, etc. You are required to cooperate, or they can seek a court order to force their way in.

If ACS determines there is credible evidence of abuse or neglect, they can remove children from the home either with consent or by court order. But even if removal isn’t immediately necessary, the agency can still implement “services” like counseling, drug testing, supervised visits, etc.

Bottom line – ACS investigations are invasive, stressful, and can majorly disrupt your life even if the allegations are untrue. So what are your rights? How can you protect yourself?

## Step 1: Say Nothing Without Your Lawyer

When ACS comes knocking, you may feel pressure to explain yourself to “clear up” the situation. Don’t give in. Legally, you have the right to remain silent until your attorney is present. Use it.

Make a brief statement that you are seeking legal counsel, then politely end the interaction. Don’t answer *any* questions or sign releases for information. Your words can and will be used against you.

## Step 2: Retain an ACS Defense Lawyer ASAP

Contact an attorney experienced in handling ACS cases in NYC right away. Immediate legal guidance is critical for defusing the situation early.

A knowledgeable lawyer can interface with ACS on your behalf to assert your rights, review allegations, challenge shaky evidence, negotiate limited child interviews, and avoid unnecessary removal of children from your home.

Acting quickly often prevents things from escalating beyond control. Don’t wait!

## Step 3: Develop a Game Plan and Strategy

Once retained, your lawyer will review details of the investigation and allegations, identify strengths/weaknesses in ACS’s position, and map out a defense strategy tailored to protecting your parental rights.

This may involve:

– Challenging credibility of the source making accusations
– Disproving allegations and providing exonerating evidence
– Ensuring proper procedure is followed for interviews, evidence gathering, etc.
– Negotiating services as an alternative to child removal
– Fighting against removals in Family Court if necessary
– Securing visitation rights if children are removed

Your attorney’s in-depth knowledge of NYC child services law is key for navigating through the investigation phase and beyond. Lean on their expertise.

## Step 4: Continue Cooperating Strategically

While silence is best initially, once you have guidance from counsel, the next phase is cooperating *strategically* under your lawyer’s direction.

Your attorney will advise you on responding to inquiries, which information to share/withhold, ideal timing and circumstances for interviews, having witnesses present, and more.

The goal is providing just enough voluntary cooperation to demonstrate you have nothing to hide, while still protecting legal rights. This takes finesse and experience to pull off.

## Step 5: Breathe and Stay Strong!

Finally, amidst the anxiety of false allegations, don’t forget the human element. Lean on loved ones, prioritize self-care, keep perspective, and stay hopeful.

This storm will pass. With an excellent lawyer’s counsel, many investigations end favorably without disruption to the family unit. Stay the course, stick to the strategy, and know your lawyer has your back every step of the way. You’ve got this!

Going up against ACS is daunting, but the right legal guidance changes everything. If your family is being investigated in NYC, reach out today to discuss your situation in complete confidence. With over 25 years of experience successfully defending New York parents, we can protect your rights and develop a winning gameplan.

You deserve the very best representation to defeat these allegations and keep your family intact. Let’s start strategizing now!