Article 78 After an OCFS Fair Hearing: How to Build a Record for Reversal (Without Relying on Luck)
When someone loses an OCFS/SCR fair hearing, they often assume the case is over. But a fair hearing decision is not the last word. In many cases, the next step is an Article 78 in New York Supreme Court.
This post is a practical guide to (1) how courts...
Before You Appeal an Indicated ACS/SCR Report, Get the Record: A Practical Guide to Requesting ACS and SCR Files
If you try to fight an indicated SCR report without the underlying record, you are arguing blind. The fastest way to waste an OCFS fair hearing is to show up with opinions but no documents.
Whether you are a parent, a childcare professional, a foster parent applicant, or a...
Will Past OCFS Violations Prevent Me From Renewing My Daycare License?
If you operate a child-care program in New York, renewal season can feel like a final exam—and if you’ve had OCFS violations, it’s even more stressful. Before you begin, consider speaking with a seasoned, knowledgeable daycare licensing attorney who understands how the Office of Children and Family Services (OCFS) and NYC DOHMH...
Protecting Your Daycare License in New York: A Daycare Defense Attorney’s Complete Guide to OCFS & DOH Violations
Running a daycare in New York means balancing the joy of caring for children with the constant pressure of compliance. The Office of Children and Family Services (OCFS) and the Department of Health (DOH) impose exacting standards on every program—from home-based care to group centers. One inspection, one anonymous complaint, or one...
Received an OCFS or DOH Violation in New York? What Daycare Providers Should Do Next
If you’ve just received a Notice of Violation or Summons from the New York State Office of Children and Family Services (OCFS) or the Department of Health (DOH), the situation can feel overwhelming.
Even minor infractions—like missing documentation or expired training—can snowball into license suspension or revocation if not...
The “Fair Preponderance” Standard: What ACS Must Prove to Indicate or Unfound a Child Abuse or Maltreatment Report in New York
When the Administration for Children’s Services (ACS) investigates a report of child abuse or maltreatment, it must decide whether the report should be indicated or unfounded. That decision depends on a strict legal standard of proof.
Since January 1, 2022, ACS has been required to use a “fair...
Can ACS Interview My Child at School Without My Consent During an Investigation?
Yes — but only under limited circumstances.
In New York, the Administration for Children’s Services (ACS) may sometimes interview a child at school without a parent’s consent, but only when specific statutory conditions are met.
At The Gilmer Law Firm, PLLC in Brooklyn, our Brooklyn...
How Do I Win My Abuse or Neglect Case in New York Family Court?
Facing an ACS case in Family Court can be overwhelming. Many parents assume the outcome is predetermined once ACS files a petition, but that’s not true. Families win these cases every day. With a knowledgeable ACS defense attorney who understands New York law and procedure, you can achieve dismissal, reunification, or a...
Can ACS Close an Investigation Before 60 Days? What Brooklyn and New York Families Need to Know
If you’ve been contacted by the Administration for Children’s Services (ACS) about a child abuse or neglect investigation, one of your first questions may be: Can ACS close an investigation before 60 days? The answer is yes—under specific conditions. Knowing when and how ACS can close an investigation early is crucial for...
When ACS Targets Parents of Children with Developmental Disabilities: Protecting Families in Brooklyn and Across New York
Parents raising children with developmental disabilities already navigate challenges that require patience, advocacy, and perseverance. Unfortunately, in Brooklyn and throughout New York, these challenges can sometimes be compounded by unwarranted investigations by the Administration for Children’s Services (ACS).
As a Brooklyn family law attorney and New York ACS defense...