, The case is a hearing before a NYS ACS judge, so this is an administrative hearing, contesting the finding of the ACS workers. The issue is the evidence they obtained was from interviewing the children in the case in an emergency removal of the children under the family court act. The family court case was adjourned, however the administrative case was “founded,” meaning the father is in the system for alleged child maltreatment. I’m trying to write a motion that says the evidence was obtained in violation of due process since there was no emergency to remove the children. The father who was alleged to have caused injury was not in town and the mother was at the site when ACS arrived and was not accused of anything at that time. The main reason for the removal was because mother was trying to understand ACS position and asking for lawyer and because she was “difficult” as per the report, they did emergency removal. The child’s injuries was caused by a sibling, which they subsequently admitted to their regular pediatrician. So I’m looking for NYS Case law and memo or motion to challenge the report from being admitted since there was no emergency, and therefore the removal and subsequent evidence obtained should not be allowed.
Acs stands for administration of child services
I will send you the facts and other information in a google link: