NEW YORK - Nov. 30, 2020 - In New York, the Family Court Act gives the parents the right to demand the return of their children if they have been removed by ACS. The actual law is as follows:

Up the application of the parent or other person legally responsible for the care of a child temporarily removed under this part or upon the application of the child's attorney for an order returning the child, the court shall hold a hearing to determine whether the child should be returned (i) unless there has been a hearing pursuant to section one thousand twenty-seven of this article on the removal of the child at which the parent or other person legally responsible for the child's care was present and had the opportunity to be represented by counsel, or (ii) upon good cause shown. Except for good cause shown, such hearing shall be held within three court days of the application and shall not be adjourned. Upon such hearing, the court shall grant the application, unless it finds that the return presents an imminent risk to the child's life or health. If a parent or other person legally responsible for the care of a child waives his or her right to a hearing under this section, the court shall advise such person at that time that, notwithstanding such waiver, an application under this section may be made at any time during the pendency of the proceedings.

In the matter of A.S. ACS workers removed the child from the parent's custody because they alleged that the mother was neglecting the child. The ACS worker, as usual, based her investigation on lies and speculation. Due to Covid the hearing had to be done virtually. The ACS worker testified and was simply incredible. She had done very little investigation, was rude and arrogant even with the Court.

Then the mother testified and cleared the air as to what transpired. The ACS worker and attorney had little evidence to offer the Court. In the end the Court returned the child to the parents because it was clear that the parents had done nothing wrong. The Law Offices of Michael S. Discioarro, LLC can be reached at 917-519-8417.

"It is shocking how poorly trained ACS workers are. They simply lie to the Court and are never held accountable. ACS as an agency needs to be revamped from top to Botton. I have reached out to the leadership of the agency only to be ignored." Mr. Discioarro said.

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