Brooklyn Defender Services empowers families targeted by ACS with new rights campaign

December 31, 2024 Robert Abruzzese, Courthouse Editor

A subway ad from Brooklyn Defender Services' campaign encourages families to visit YourFamilyYourRights.org to learn about their rights during ACS investigations. Photo courtesy of Brooklyn Defender Services

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Families in New York City facing investigations by the Administration for Children’s Services (ACS) often find themselves navigating a confusing and intimidating process that can result in family separation.

Brooklyn Defender Services (BDS) has launched a new public awareness campaign to help parents understand and assert their rights during these investigations, aiming to prevent unnecessary family disruptions.

In partnership with JMACforFamilies, BDS has placed ads on MTA buses in Brooklyn neighborhoods most frequently targeted by ACS. The ads direct families to YourFamilyYourRights.org, where they can access vital information about their rights, connect with legal support, and learn how to respond during an ACS investigation. The website provides clear guidance, such as explaining parents’ rights to refuse entry to their home, decline certain services, or speak to a lawyer before engaging with ACS.

Parents under ACS investigation have several critical rights that can protect them and their families during the process. They have the right to know the specific allegations against them, refuse entry to their homes without a court order, and decline interviews or examinations of their children unless legally required. Importantly, parents can also refuse to sign medical release forms or undergo drug or mental health testing without a court order, safeguarding their private information.

ACS cannot remove children from a home without court authorization unless they believe the children are in immediate danger. If a child is removed, parents are entitled to an emergency hearing within one to three days to challenge the removal and argue for their child’s return. These rights provide parents with essential tools to maintain control and seek legal representation during an investigation, which can often escalate without clear guidance.

The campaign builds on BDS’ broader mission to protect New York families. The organization also distributes resources like What You Need to Know About ACS, a guide developed with the Center for Urban Pedagogy that simplifies the investigation process and equips parents with tools to advocate for themselves. Additionally, BDS hosts virtual workshops to educate parents about their rights and the steps they can take to avoid unnecessary court filings or family separation.

With ACS investigations often initiated by reports to the State Central Register (SCR) — including those made by mandated reporters like teachers and doctors — BDS’ efforts aim to address the systemic lack of awareness about the impact of these reports. By focusing on early legal intervention and education, BDS is working to ensure that parents have the knowledge and resources to navigate the ACS system while keeping their families intact.

For more information, families are encouraged to visit YourFamilyYourRights.org to access resources and connect with support.