Appeals Court Slams ACS and Reverses Judge Milsap of the Bronx
The Appellate Division First Department Had Strong Words for ACS and Unanimously reversed Judge Michael Milsap of the Bronx Family Court.
By: Michael Discioarro
MANHATTAN, N.Y. - July 23, 2019 - PRLog -- The Case of Matter of Moore was tragic and terrifying. The foster father was viciously assaulted by his 17 year old foster son. The foster son was arrested and was excluded from the home. ACS demanded that the parents plan for the future of the attacker and demanded that the parents meet with this violent young man. The parents hired an attorney who tried to contact ACS. ACS simply refused to speak with the parent's attorney and filed a case against the parents for failure to plan.
The case went to trial before the Hon. Michael Milsap of the Bronx Family Court. Despite ample evidence that the parent's lawyer tried to contact acs and plan for the child's future, Judge MIlsap convicted the parents of neglect. After a bruising oral argument, where the appellate judges slammed ACS attorneys, the unanimous court reversed judge Milsap and the case was sent back to him for a do over.
"We are very grateful to the Appellate Division for correcting this injustice," Mr. Discioarro said. At the root of the problem is ACS's unwillingness to recognize the right to counsel in the state of New York. "ACS refuses to speak to attorneys and does not allow attorneys in the Child Safety Conference, they try to hide their actions by attacking parents alone who have no legal training. This is a highly dysfunctional organization in every way," Mr. Discioarro said.
Parents who face ACS scrutiny face an agency that attacks them in every way and when a parent tries to hire an attorney ACS workers do everything to block his/her path. It is a serious problem that ACS refuses to fix. The name of the case is In re Elijah M. and can be found here.