When ACS removes your children and places them in foster care, you have the right to a prompt emergency hearing—called a 1028 hearing—to argue for their return. But what if you already lost your 1028 hearing months ago, and now things have changed? Can you ask the judge for another hearing?
The answer is yes—under the right conditions. Let’s explore how New York Family Court handles renewed requests for a 1028 hearing and how Gilmer Law Firm, PLLC, a Brooklyn, New York based Family Law and ACS Defense attorney can help you fight to bring your children home.
What Is a 1028 Hearing and When Do You Get One?
- A 1028 hearing is a statutory right under FCA §1028.
- Purpose: Determine if the child faces “imminent risk” if returned home.
- Must occur within 3 court days after the request.
- Usually held early in the case—before fact-finding.
Losing the First Hearing Doesn’t Mean the End
- Many parents lose their first 1028 hearing due to:
- Incomplete services.
- Unfavorable caseworker testimony.
- Ongoing investigations or court delays.
- But circumstances often change dramatically in the weeks or months that follow.
Matter of Branson M. and the Right to a New 1028 Hearing
- 1st Dept case: Matter of Branson M. confirmed that courts may allow renewed 1028 hearings upon a showing of good cause.
- If you’ve completed evaluations, started services, or if the original risk no longer exists, you can argue for a new hearing.
- Judges must take the motion seriously if well-supported.
What You Need to Show to Get a New Hearing
- Concrete changes since the first hearing:
- Completed parenting or anger management classes.
- Negative drug tests.
- Positive mental health evaluations.
- New housing or removal of an alleged abuser from the home.
- File an affirmation and affidavit setting forth the change in circumstances and requesting the new hearing.
Strategic Advocacy by Gilmer Law Firm, PLLC
- Our firm aggressively pursues second 1028 hearings when the facts justify it.
- We’ll help you build the record, gather evidence, and confront ACS’s claims of ongoing risk.
- Our office is located near Kings County Family Court at 15 MetroTech Center, 7th Floor.
- Call (718) 864-2011 to review your case and explore whether you’re eligible for a new hearing.
Conclusion
Don’t wait months for ACS to “decide” your children are ready to come home. If your situation has changed, you may be entitled to another emergency hearing. Let the experienced Brooklyn, New YorkACS attorneys at Gilmer Law Firm, PLLC fight for your rights.
