ACS (Administration for Children’s Services) brought a petition in the Family County of Bronx County alleging a mother, K.B., had neglected her child, Emanuel. They claimed she failed to provide him with appropriate supervision and guardianship. They alleged she left him with a shelter roommate, advising the roommate she would return by 11:00 P.M. However, she did not return at that time.
K.B. had advised ACS after leaving the shelter she was raped and held hostage by an ex-lover. She went to the extent of providing the police report and hospital discharge documents to ACS, to document the truthfulness of her statements.
A Strong Bond Between Mother and Child
ACS continued to prosecute the case. Drug tests were taken. A mental health evaluator wrote a report claiming that K.B. exhibited lapses in judgment which impacted on the safety of her and her child. However, the report also showed there was a strong bond between K.B. and her son.
The Court’s Decision
The court took into consideration K.B.’s testimony that she had been a victim of a sexual assault. All of K.B.’s drug tests and alcohol tests came out negative.
Judge Gilbert Taylor, sitting in the Family Court of Bronx County, rendered a decision – that although K.B. had a serious lapse in judgment, he still ordered the return of the child to K.B.’s care. He held the removal of the child from K.B.’s custody was inappropriate.
Conclusion
If ACS or CPS take any action to remove your child, you must immediately retain an experienced attorney that deals with litigating ACS and CPS child removal proceedings.
Elliot S. Schlissel and his associates have been litigating removal proceedings involving ACS and CPS for more than 3 decades.
