BREAKING: A New York appellate court has just ruled that the Administration for Children’s Services (ACS) illegally surveilled a domestic violence survivor, Kyon, highlighting serious concerns about the agency’s practices. This landmark decision, issued on [date], could protect thousands of families from invasive monitoring and unnecessary trauma.
The court found that Kyon, who had faced domestic violence but was never accused of harming her child, was subjected to over **15 unannounced visits** by ACS caseworkers starting in **January 2024**. These visits included invasive inspections of her home and her child, stemming from her boyfriend’s violent behavior, which occurred in front of their **14-month-old son**.
In the ruling, Associate Justice Ellen Gesmer stated, “We cannot condone a policy based on this faulty and unlawful premise,” emphasizing that the agency’s surveillance practices unjustly targeted Kyon solely due to the actions of her partner.
IMMEDIATE IMPACT: This ruling is significant not only for Kyon but for countless others in similar situations, as attorneys have long argued that such monitoring exacerbates the trauma experienced by domestic violence victims. David Shalleck-Klein, Executive Director of the Family Justice Law Center, who represented Kyon, noted that victims often live in fear of losing custody of their children if they do not comply with ACS demands.
The court’s decision also sheds light on broader systemic issues, as it pointed out that ACS supervision disproportionately impacts Black and Latino families, who represent a significant portion of those involved in the child welfare system.
Kyon’s ordeal began after her boyfriend, referred to as Mr. R. in court documents, violently assaulted her when she attempted to leave the relationship. Following this incident, ACS sought permission to supervise Kyon, despite the fact that she had not been accused of any wrongdoing. The ruling stated that the agency’s actions not only violated Kyon’s rights but also failed to demonstrate how such surveillance could enhance the safety of her or her child.
WHAT’S NEXT: ACS has publicly acknowledged the need for careful monitoring but expressed concern that the ruling may hinder their ability to protect children in potential danger. Spokesperson Marisa Kaufman stated, “We are reviewing our options with the city’s law department” following the appellate court’s decision.
Experts are now calling for a reevaluation of ACS policies to ensure that the rights of domestic violence survivors are upheld without compromising child safety. Melissa Friedman from the Legal Aid Society emphasized that without unnecessary supervision, families can heal from trauma and avoid further harm from an overreaching system.
SHARE THIS: The implications of this ruling are profound and far-reaching, as it challenges the status quo in child welfare practices and advocates for a more compassionate approach toward victims of domestic violence. It’s a pivotal moment for justice and reform that could reshape how agencies interact with vulnerable families across New York City and beyond.
Stay tuned for further updates as this story develops, and consider the human impact of policies that affect families every day.
