By George M. Gilmer, Esq. | Gilmer Law Firm PLLC | Call 718-864-2011
What Every Parent in Brooklyn Needs to Know About OCFS Indicated Reports and Article 78 Appeals
If you live in Brooklyn or anywhere in New York City and you’ve been “indicated” for child maltreatment by ACS or OCFS, your career, your reputation, and even your custody rights may be on the line. At Gilmer Law Firm, PLLC, we understand how devastating an indicated report on the State Central Register (SCR) can be — and we know how to fight back.
A recent case, Charlotte MM v. Commissioner of Children and Family Services, shows just how easy it is for a parent to end up with an indicated report — even without criminal charges, police involvement, or injury to the child. And it’s a wake-up call to parents across Brooklyn: if ACS or OCFS makes a finding against you, it won’t go away unless you take legal action.
Let’s break down what happened in the case and what you can do if you’re facing a similar situation.
The Case: A Nine-Day Trip Leads to a Lifetime Mark on the Record
Charlotte MM was a mother of four living in New York State. During a child custody dispute with her ex-husband, she took a nine-day trip to Nigeria to visit her sick mother. Two of her children — ages 13 and 17 — stayed home while she was abroad. She claimed neighbors checked in on them, but she didn’t leave a detailed care plan, didn’t give medical authorization to anyone, and didn’t tell her kids when she was coming back.
When the local Department of Social Services investigated, they found the kids had been unsupervised. Food left for them spoiled. One child was suspended from school, and their father had to send them money for essentials.
The agency “indicated” her for lack of supervision and inadequate guardianship, and OCFS refused to expunge the report. So Charlotte filed an Article 78 proceeding to challenge the finding in court.
What Is an Indicated Report?
An indicated report means ACS or DSS believes there’s “some credible evidence” that child maltreatment occurred. It doesn’t mean you’re guilty of a crime. But it does mean your name goes into the State Central Register of Child Abuse and Maltreatment (SCR) — and that can have serious consequences.
Being on the SCR can disqualify you from:
- Working in childcare, healthcare, or education
- Becoming a foster or adoptive parent
- Winning custody or unsupervised visitation in Family Court
- Passing background checks for employment or housing
Once you’re on the SCR, you must fight to amend or expunge the record — either through a fair hearing or, if denied, through an Article 78 appeal in the New York State courts.
What Did the Court Say?
In Charlotte’s case, the court said OCFS was within its rights to keep the report indicated. Even though there were no injuries, and even though Charlotte testified that her children were fine, the court focused on these facts:
- The children didn’t know she was leaving or when she’d return
- There was no clear supervision plan
- Food ran out and went bad
- The children were scared, distressed, and unsupervised
- The mother couldn’t be reached while abroad
- Neighbors reported she asked them to lie to the caseworker
The court said that OCFS’s decision was supported by substantial evidence and that it didn’t matter if Charlotte had a different version of the story. The court also said that the administrative law judge (ALJ) was allowed to reject the children’s written statements because they weren’t sworn under oath and added little to the official DSS report.
Why This Case Matters for Brooklyn Parents
You don’t have to be a bad parent to get caught up in the ACS/OCFS system. You don’t even have to do something criminal. All it takes is one investigation, one misunderstanding, or one poorly documented trip — and you could end up on the SCR.
What this case teaches us is that:
- Intent doesn’t always matter. Even if you meant well, OCFS can still find you responsible.
- Hearsay can be enough. Caseworker notes, neighbor interviews, and school records can all be used against you.
- You must act fast. You have a limited time to appeal — and delays or mistakes in filing can cost you your case.
- You need a plan. If you’re going to leave your kids home alone — even if they’re teenagers — you need to clearly communicate with them, leave a documented care plan, and ensure they’re properly supervised.
How an Experienced ACS Defense Attorney Can Help
At Gilmer Law Firm, PLLC, we’ve helped countless Brooklyn families fight back against ACS and OCFS. Whether you’re under investigation, have already been indicated, or have lost a fair hearing, we can help you:
- File an appeal to expunge or amend your record
- Challenge findings of maltreatment through an Article 78 proceeding
- Build a strong evidentiary record to show that the OCFS determination lacked substantial evidence
- Protect your career, your family, and your future
We understand how these agencies work. We know the rules of administrative law. And we know how to fight unfair findings that don’t reflect your reality as a parent.
Timing Is Critical — Don’t Delay
If you’ve lost a fair hearing, you have just 4 months to file an Article 78 appeal. If you miss that deadline, you may lose your right to clear your name forever.
That’s why it’s so important to consult with an experienced OCFS defense lawyer right away. We’ll review your case, help you understand your rights, and take fast legal action to challenge the decision.
Get the Help You Deserve from a Brooklyn ACS Defense Lawyer
At Gilmer Law Firm, PLLC, we fight for parents like you every day. We believe no one should lose their future because of an overzealous investigation, a flawed report, or a one-sided hearing.
If you’ve been indicated by ACS or OCFS, or if your name is on the SCR, call us today. We’ll help you understand your legal options and fight for your second chance.
📍 Located in Brooklyn, NY
📞 Call 718-864-2011 for a Free Consultation
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Don’t let a mistake define your future. Let us help you fight back.
