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 attorney, I have seen many cases where parents were indicated for neglect or abuse not because they were failing their children, but because their children’s disabilities were misunderstood or their behaviors were misinterpreted.
Parents of children with autism, ADHD, learning delays, or oppositional defiant disorder (ODD) are particularly vulnerable. These cases often begin with a school report, a misinterpretation by a caseworker, or a behavioral incident that is wrongly attributed to neglectful parenting.
Why Parents of Children With Disabilities Are More Likely to Face ACS Cases
Families of children with special needs face a higher risk of ACS involvement for several reasons:
- Misunderstanding developmental behaviors as signs of abuse or neglect
- Assuming immediate access to services without accounting for long wait times
- School attendance challenges due to medical or behavioral issues
- False or exaggerated reports made by children in moments of frustration
An indicated case can have lasting consequences, including difficulty finding jobs in education or child care, reputational harm, and increased ACS monitoring — even when the parent is doing everything possible to meet their child’s needs.
Example 1: Autism and Delays in Services
A Brooklyn mother whose 7-year-old son has autism was investigated after ACS received a report that the child was “not getting therapy services.” The truth was that she had been on a Board of Education waiting list for occupational therapy for months and had documented her repeated follow-up efforts. Despite her diligence, ACS indicated her for “failure to provide adequate supervision and medical care.”
Insight from a New York ACS defense attorney: Agencies sometimes fail to recognize systemic service delays and instead hold parents responsible for factors beyond their control.
Example 2: Oppositional Defiant Disorder and School Attendance
A father in Queens faced allegations of “educational neglect” because his 14-year-old daughter, diagnosed with Oppositional Defiant Disorder (ODD), refused to attend school. He had already engaged mental health professionals, attended school meetings, and sought ACS prevention services, yet the absences continued.
Perspective from a Brooklyn family law attorney: The law requires attendance, but when behavioral health conditions interfere, parents can still be targeted — even when they are following professional recommendations.
Example 3: False Allegations During a Meltdown
A 12-year-old boy with ADHD and mood regulation issues became upset after losing privileges at home. In anger, he told a hotline worker that his mother “hit him with a belt.” The investigation found no physical evidence, and the allegation was admitted to be false. Still, ACS marked the case as indicated based on the initial claim.
Why this matters: Children with certain disabilities may use false allegations as a way to express frustration. Without thorough investigation, these reports can damage a parent’s record for years.
Example 4: Misinterpreting Sensory Self-Soothing
A Brooklyn parent was reported for neglect after her child was observed rocking and humming repeatedly at school. The behavior was later confirmed by a pediatrician to be a sensory self-regulation strategy related to autism. Even with medical documentation, the parent spent months defending herself in Family Court.
Lesson from a New York ACS defense attorney: Mandated reporters sometimes mistake disability-related behaviors for signs of abuse, triggering unnecessary ACS cases.
How ACS “Indicated” Findings Work
ACS marks a case as “indicated” if it finds “some credible evidence” of neglect or abuse. This low standard means that even weak or unsubstantiated allegations can lead to a permanent record in the State Central Register (SCR).
Being in the SCR can:
- Limit employment opportunities
- Be used against a parent in future investigations or custody cases
- Lead to ongoing ACS involvement
Your Rights as a Parent
If you are indicated by ACS, you have the right to:
- Request an administrative review to have the finding changed to “unfounded.”
- Request a fair hearing before the New York State Office of Children and Family Services (OCFS).
- Have legal representation at every stage — from the first ACS knock on your door to the final hearing.
How a Brooklyn Family Law Attorney & New York ACS Defense Attorney Can Help
At The Gilmer Law Firm, PLLC, I have successfully defended parents in Brooklyn, Queens, Manhattan, the Bronx, Staten Island, and across New York against ACS allegations involving children with special needs.
Our defense strategies include:
- Collecting medical, educational, and therapeutic records to explain the child’s needs and behaviors
- Presenting expert testimony to clarify developmental and behavioral diagnoses
- Challenging inaccurate reports through fair hearings and Family Court proceedings
- Advocating for the dismissal or amendment of indicated findings in the SCR
Act Quickly to Protect Your Family
Time is critical in ACS matters. The sooner you involve a Brooklyn family law attorney who is also an experienced New York ACS defense attorney, the better your chances of resolving the case before it escalates. Misunderstandings can quickly turn into findings of neglect if they are not addressed with evidence and legal advocacy.
Contact The Gilmer Law Firm, PLLC
We fight to protect the rights of parents of children with developmental disabilities and defend against unfair ACS actions in Brooklyn, Queens, Manhattan, the Bronx, Staten Island, and throughout New York State.
