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ACS FAIR HEARING ???'s

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matechangela

Junior Member
What is the name of your state (only U.S. law)? NEW YORK
I recently received a letter from ALbany after writting to them 4 previous times; I also recieved a letter back in Sept. stating that the date of the report/incident that i was found "unfounded".And in December when they were closing my case i recieved another letter stating it was "indicated" for Sept. 17th,2010;the date the report was made. Since two reports were made the same day for the same incident, Ms. foreman changed the ID numbers for the reports;. one by Albert Einstein Methadone Program, and one from the EMS workers. EMS told me they were forced to make a report since they were called to take us (my son and I to the hospital for observation. A report was made b/c i was re-signing up for another Methadone program,and i was trying to detox myself @ home while taking care of my teething 6 month old son. I was tired from not sleeping the past few nites due to my w/drawl and teething son. I also have allergies and take benadrly for them. However that morning i drank what I had left over of my methadone, and took the regular, not the Non-drowsy Benadrly. Honest mistake!! I was on a 3 day a week pick up schedual @ my old program which gave me the opportunity to save my take home bottles, i was on 100 mgs, since just having my son, i went up due to my pregnancy.Well long story short the hospital gave us both a clean bill of health, but said i only tested positive for marijuana, i went to a friends house a week earlier, and my son was @ home w/ his father. And i took a puff that was it! And the hospital staff told me they werent going to tell ACS. But i was scared and @ my meeting w/ the caseworker Ms. Adams, and her supervisor Ms. Foreman, i admitted to smoking once, and told them that. Since i didnt know who to trust, and i was being honest. They then said that they were going to do an emergency removal if i didnt take my son to Jersey where mu parents/ Grandfather lived. He had cancer, & high blood pressure, and we were very close. I caled him to tell him what was going on, he knew about the report, and immediatly said Im sick ange have to go, heres your mother. My mom got on the phone w/ ACS, during the phone call my Grandfather was having a heart attack in the other room.He died during the phone call w/ ACS when my mother should've been caring for him and on the phone w/ 911 instead. ACS said that i can go to Jersey w. my son since they didnt see that i was fit to be alone w/ him. I had letters from my son's prediatrtion, who i also saw as my PC Dr. It stated my son was in excellent medical status,also i brought depositions from my attorney in NJ for the car accident i was in, 05' which left me w/ 3 herniated discs in my back and a torn ACL i had surgery on, but need another surger and spinal fusion along w/ fusion of my knee. Thats why I was on methadone since i moved from NJ to NY i couldn't see a pain mangemet Dr or Orthopedic since it was under car insurance, and it wasn't covered in NY, so a friend reffered me to the methadone program to treat me for my pain, and get me medicaid right away.Since i was taking pain killers in NJ for my injuries. ACS said it wasn't nesessary and wouldn't even look @ my paperwork.When i arrived in NJ that's when i found out he died, so i called my caseworker and she said to take week off that they would start the investagation when i returned. I had to put my son in daycare, fot 2 weeks; before they demed me safe to be around my son, All my urines were clean, and i had letters from my old program proving that i went to groups and a 3 day a week scheduale.The supervisor used illgal taciticts tellin me that the only way i could keep my son alone and home w/ me was if i singed up for either FPP or START program.So I chose FPP, and they didnt like my choice, and tried to take me to court for Court Ordered Supervison. Well it got thrown out before ever makin it to judge. Luckily a man was siting in for the meetig for training. He reported Ms. foreman for her illegal tactits,and since then she was no longer in any mettings. And i was denied an expongmet, but a request was put in @ my request for a fair heairing, i also didn't recieve any evidence that they say they have against me. Im crrently 7 months pregnant and I'm scared of whats going to happen when i give birth and tney see tnat im in tne Child registry for child neglect/maltreatment. Please help me!
 


quincy

Senior Member
I'm sorry, matechangela, but it sounds as if you need much more help than a forum such as this one can provide.

If you are afraid that your son and/or your expected child will be removed from your home or that a court will order supervision based on questionable reports made by ACS of child neglect and maltreatment, then you really need to consult with an attorney in your area for assistance. The attorney can review all of the reports that have been made, and the attorney can review all of the facts of your situation, and the attorney can advise you accordingly.

Perhaps the attorney who handled the car accident can recommend another attorney for you to see?

Good luck.
 

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