City Council-Res #27
The People Of The City of New York Present
This List of Demands and Request, in the Spirit of Fairness
to the Children and Families Affected by Decisions Made
by the Administration for Children's Services in NYC and
the State of NY. On this the first day of October, in
the year of Our Lord 1999.
1. In cases
where allegations of neglect are filed ACS must investigate
and find if allegations are valid before removing the
2. ACS should
fully explore all community resources to help prevent
children from going into foster care.
Caseworkers should not be allowed to determine what is
imminent danger. It is too generic a term, especially
in cases charging neglect.
4. In cases
where questionable abuse is alleged and the parent considers
it discipline, an impartial independent community based
organization should be allowed to mediate. This would
help determine whether the allegations are founded and
merit the removal of the child, or children, or if there
is some other form of monitoring that can be put in place
to redirect the parents style of discipline.
5. Make sure
caseworkers show up for 1028 and fact-finding hearings.
If caseworkers do not show up the case should be dismissed
and the child, or children, returned and, if necessary,
a new charge filed.
6. In cases
where charges are founded, caseworker must immediately
refer the parent to whatever services that parent might
need if any, to get their children returned.
who are removed from their homes and want to see or visit
their siblings should be allowed to do so with regularity.
care must always be given preference over foster care.
9. In cases
where adoption is the goal, ACS must provide proof that
reunification and kinship was not available.
10. ACS and/or
an independent organization must monitor Foster Care Agency
11. ACS and
or an independent agency should, as part of their evaluation
of foster care agencies, interview parents of children,
and the children themselves, to get a better and fairer
evaluation of how the agencies and care takers are performing
their duties. (How can you give a fair evaluation of an
agency without talking to the ones most affected by that
12. An independent
oversight committee should be immediately put in place
until there is some significant improvement in the agency's
13. ACS must,
implement all mandated State and Federal laws now.
14. A judge
must make the decisions whether a child is to be removed.
This decision should be made prior to removal of that
child as the Law provides., ACS caseworkers too often
take advantage of provisions in the law and remove children
based on their own judgement, and then ask the court to
ratify it. This must stop. If a caseworker can make such
decisions there is no need for courts.
15. To help
avoid false allegations the courts must enforce the 6th
Amendment, which gives all citizens the right to be confronted
by their accusers.
cameras in court. This is practical as a modern and more
accurate tool this would serve to help verify any disagreements
and misunderstandings between parents and ACS as to what
was testified to in court.
17. If Judges
are appointed cases that go to trial should appear before