New York City’s child welfare agency cannot continue to supervise survivors of domestic violence who have ousted abusive partners from the home, a state appeals court ruled Wednesday.
The panel of four judges in the Appellate Division of New York State Supreme Court sided with a Brooklyn mom, referred to as “Ms. W,” who in late 2023 told the Daily News she kicked out her partner only to face traumatic and invasive searches by the Administration for Children’s Services.
The decision said the family court “improperly” directed Ms. W to cooperate with ACS, intervening in private family life when such an intervention was “unwarranted” for the young daughter’s safety. Ms. W had not been accused of wrongdoing.
“A child protective agency’s involvement with a family may itself have a negative impact on the parent or the child, even if it may be necessary in some circumstances to prevent or repair the effects of abuse or neglect,” read the order.
“An ACS investigation, by its nature, intrudes upon the private lives of the parent and child to one degree or another.”
Experts have said the supervision of domestic violence survivors is widespread, calling the practice a “double abuse” — first by abusive partners, and then by the government. Supervision orders allow caseworkers to enter and search homes, question families and their friends, and inspect children and their bodies.
ACS said it was reviewing the decision with the city’s Law Department.
According to court documents, ACS in 2023 started the process of removing the infant from her father, who was accused of being physically and verbally aggressive with Ms. W — including name-calling, slapping her, and ripping out her hair, according to court documents. When she kicked him out of the home, he allegedly urinated in a bathtub before leaving.
After the episode, Ms. W discussed it with a therapist, who reported it to ACS, filings said.
“As a survivor of domestic violence, I thought I would be supported and heard,” said Ms. W. in a statement. “Instead, the family court subjected me and my baby to months of traumatic ACS surveillance.”
“I’m so glad that other families won’t have to go through what my family did.”
David Shalleck-Klein, executive director of the Family Justice Law Center and an attorney for Ms. W., expected the decision will change how ACS monitors thousands of families each year. He called the supervision of domestic violence survivors in the event of letting abusive partners near their children “paternalistic,” “patronizing,” and, most importantly, “illegal.”
“Today’s decision makes clear that ACS is not above the law,” Shalleck-Klein said.