Disclaimer: This article is general information, not legal advice. Deadlines and procedures depend on the specific notice you received.
If ACS has accused you of abuse or neglect, or you received a Notice of Indication that can affect employment, licensing, or your family court case, start with our ACS defense overview: ACS Defense (practice area).
Table of Contents
- What people mean by an ‘ACS appeal’
- Deadlines that matter (administrative + Article 78)
- Hearing strategy: build the record (because the record controls later)
- Article 78 standards of review (what the court actually does)
- What Article 78 can and cannot do
- FAQs
What people mean by an ‘ACS appeal’
In New York City, an “ACS appeal” usually refers to challenging an indicated child abuse or maltreatment finding (often connected to the State Central Register) and related administrative determinations. Depending on your situation, the path can involve administrative reviews and a hearing before an ALJ, with judicial review (Article 78) available only after a final agency determination.
If you have just learned you are indicated, this checklist is designed to help you triage the first 30 days: Indicated by ACS? A 30-Day Checklist.
For a plain-English overview of the indicated-report appeal process, see: Appeal an Indicated ACS or CPS Case in New York (Clear Your Name).
NYC ACS also publishes a rights overview (PDF): Your Rights When a Case Is Indicated (NYC ACS).
Deadlines that matter (administrative + Article 78)
There are two sets of deadlines that commonly trip people up:
- Administrative deadlines: the time to request an administrative appeal/hearing after the notice you receive (often short).
- Court deadlines: Article 78 is deadline-driven, and in many cases must be commenced within four months of a final agency determination.
OCFS publishes information about its hearing process through the Bureau of Special Hearings here: OCFS Bureau of Special Hearings.
For the statute governing Article 78, see: CPLR Article 78 (NY State Senate).
Hearing strategy: build the record (because the record controls later)
When a case is headed toward judicial review, the biggest mistake is treating the administrative hearing like an informal meeting. If you later pursue an Article 78, the court is typically limited to the administrative record (transcript + exhibits). That means your best chance to develop facts and preserve issues is at the hearing.
A practical first step before the hearing is to obtain the underlying file. This guide focuses on how to request ACS/SCR records so you are not arguing blind: Before You Appeal an Indicated ACS/SCR Report, Get the Record.
If the dispute centers on what ACS must prove, see: The Fair Preponderance Standard (What ACS Must Prove).
Record-building checklist (practical)
- Identify the exact allegations and the elements ACS must prove.
- Line up witnesses and documents that directly address those elements (timelines, school/medical records, text messages, employment records, etc.).
- Prepare cross-examination points based on inconsistencies in the case notes and reports.
- Make sure key documents are marked and admitted into evidence; confirm the hearing is recorded and you can obtain a transcript if needed.
Article 78 standards of review (what the court actually does)
An Article 78 petition does not give you a new trial. The court evaluates the agency decision under specific legal standards, such as whether the agency followed lawful procedure, made an error of law, acted arbitrarily and capriciously, or (in hearing cases) whether the determination is supported by substantial evidence.
You can read the statute here: CPLR Article 78 (NY State Senate).
For general filing guidance (not a substitute for legal advice), see: NY Courts: How to Commence an Article 78 (PDF).
If your issue involves building a record for judicial review, this related post is useful context: Article 78 After an OCFS Fair Hearing: How to Build a Record for Reversal.
What Article 78 can and cannot do
What Article 78 can do depends on the record and the errors in the decision. Common goals include annulment of the determination, remand for a new hearing, or other relief allowed by law. What it typically cannot do is introduce new evidence that you never presented below.
FAQs
1) I received a Notice of Indication. Should I focus on the hearing or Article 78?
Start with the administrative process. Article 78 is generally available only after the final agency decision. Treat the hearing as the foundation of any later court challenge.
2) Where can I find help defending an ACS case in Brooklyn?
Learn more here: Brooklyn ACS Defense Attorney.
Talk to a Brooklyn ACS Defense & Article 78 Lawyer
If your livelihood, license, or family is affected by an ACS determination, contact Gilmer Law Firm, PLLC: https://gilmerlegal.com/contact/. Phone: 718-864-2011.
