Few things can be as stressful for a parent as finding out that you and your family are being investigated by the New York City Administration for Children’s Services (ACS). This agency is charged with protecting and promoting the safety and well-being of children, young people, and families who live in the five counties of New York City. Part of this involves investigating at-risk families to protect children from harm, and an ACS investigation can lead to children being placed in foster homes and the potential suspension and termination of parental rights. Fortunately, if you are the subject of an ACS investigation, you have rights. An experienced New York family law attorney can help you deal with ACS and make sure that the agency respects your rights as a parent.
Can ACS Enter My Home Without Permission?
No. You have the right to refuse entry to ACS if they come to your home. This is because the Fourth Amendment of the U.S. Constitution governs the actions of ACS. This restricts the government from conducting any searches and seizures on individuals’ homes. The Fourteenth Amendment extended this prohibition against unreasonable searches and seizures to the States as well as the Federal government. So, if someone from ACS comes to your home to investigate, they must have a court order or a warrant authorizing them to search your home.
In cases where ACS does have a court order or warrant, you can still challenge the validity of the search. This is because such a warrant must only be issued on probable cause that an act under the jurisdiction of ACS has occurred at the premises. If it turns out that the agency did not have sufficient probable cause, you can challenge the admissibility of any evidence produced during the search.
Keep in mind that if you allow the ACS investigator entry into your home, you will waive your Constitutional rights. This means that any evidence obtained from the search can be used against you. This is why you should refuse entry if they do not have a warrant, even if you think you are innocent of any of the allegations.
Can I Find Out Why ACS is Investigating Me?
Yes. You have the absolute right to find out what the report that started the investigation says about you and your family. While ACS is not allowed to tell you who filed the report, you are still entitled to find out what was said in the report. This will include any witness statement that does not reveal the identity of the witness. You also have the right to know the identity of the ACS caseworker and to obtain the information from his or her ID card, including the ID number. This will come in handy for your attorney when discussing the case with ACS.
Do I Have to Speak with ACS?
No. In fact, it might be a good idea to refrain from speaking with the ACS caseworker without a lawyer present. Under the Fifth Amendment, you have the absolute right to remain silent when speaking to a police officer, government attorney, ACS investigator or anyone else working for the government. While you are required to identify yourself to an ACS investigator, that is the full extent of the questioning you are required to answer.
What Other Rights do I have When Being Investigated by ACS?
The U.S. Constitution, the New York State Constitution, and the Child Protective Services Act (which created the ACS in New York City) all govern the rights that parents have during an ACS investigation. Not only do you have the right to refuse to speak with ACS, but you can direct your child to refuse to answer any questions from the caseworker. The only exception is a court order, which can direct the child to have an interview and a physical examination performed by an employee of ACS.
You also have the right to legal representation with the case. You can hire an experienced attorney to represent you or request the court to appoint a legal advocate if you cannot afford one. Dealing with ACS involves many complex legal and factual issues, requiring the need for legal representation. All of your discussions with the lawyer or advocate are confidential, and this information cannot be shared with ACS without your permission.
ACS cases in New York City are held before a Family Court Judge in the county in which you reside. You have the right to request that the court review any ACS investigation or report that you think is incorrect. In addition, if you are not satisfied with any decision made by the Family Court Judge assigned to your case, you have the right to an appeal.
Contact Our New York Family Law Attorney Today
Families that are subject to an ACS investigation are protected by a number of rights, including the requirement that caseworkers and investigators get a court order or warrant before conducting a search of a home. If you or your family is the subject of an ACS investigation, Gilmer Law Firm, PLLC, can provide you with the assistance you need to make sure your rights are protected. Contact us today.
