Broken Justice: Inside America’s Family Court Failures — Part 3
ACS Failures and Fatal Consequences in NYC Family Court
By Yevgen Fromer – Editor, Real Divorce Stories
This third installment of our Broken Justice series investigates the deeply flawed operations of New York City’s Administration for Children’s Services (ACS). Often operating in secrecy, the agency has failed to protect the most vulnerable—and sometimes, failed fatally. With unchecked power and little public scrutiny, ACS continues to destroy families while evading meaningful reform.
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ACS: Authority Without Accountability
ACS caseworkers have sweeping powers to enter homes, interview children, and remove them from their families—sometimes without a court order. This authority, paired with minimal oversight, creates a dangerous environment where innocent families are punished, while truly endangered children are left unprotected.
In Broken Justice: Part 2, we exposed how judges often rubber-stamp ACS requests. In this installment, we dig into the systemic errors and fatalities caused directly by the agency’s dysfunction.
When ACS Fails, Children Die
ACS has a disturbing track record of missing warning signs—sometimes with fatal results. Between 2023 and 2025, at least seven children died after ACS closed cases or failed to intervene in time:
- Jahmeik Modlin, age 2 — beaten to death after ACS closed his case despite domestic violence complaints.
- Ella Vitalis, age 6 — died in a fire after ACS returned her to a home with multiple safety violations.
- Brian Santiago, age 3 — died of neglect; ACS had previously investigated the family three times that year.
These are not isolated tragedies. A 2023 ACS Fatality Review report noted that 47 children died that year, 18 of whom were “known to ACS.” The majority of those fatalities occurred after cases were closed.
Despite these findings, no senior officials were fired, and no major policy reforms were enacted.
Internal Secrecy Shields Negligence
ACS investigations are confidential by law, making it difficult for the press or public to scrutinize poor decisions. Caseworkers face little to no public accountability, and parents are often silenced by gag orders and the fear of retaliation.
In some cases, ACS falsifies documents to justify removals or hide misconduct. A 2024 New York Post investigation exposed at least five ACS employees who fabricated visit logs or altered case notes to appear compliant during internal audits.
Families who complain often face escalation. Rather than investigate their own missteps, ACS may open new cases against whistleblower parents, compounding trauma and suppressing dissent.
Case Study: “I Took a Night Class. They Took My Daughter.”
Bronx mother L.R. left her four-year-old daughter with a licensed sitter to attend evening community college classes. The sitter was fully vetted. But after the child mentioned a “scary dream” at school, ACS launched a neglect investigation.
Despite no criminal history, no abuse, and a stable home, ACS removed the child without a warrant. It took 14 months, five court hearings, parenting classes, and a psychological evaluation before L.R. was reunified with her daughter.
“They never gave me paperwork. I was told to ‘cooperate’ or it would get worse,” she said. “They punished me for trying to better myself.”
Family Court: Complicit Through Silence
New York’s Family Court system often acts as an enabler to ACS, rubber-stamping its removal requests and refusing to challenge flawed investigations. Emergency hearings are held in closed courtrooms. Parents are routinely unrepresented.
According to the Center for Family Representation’s 2022 analysis:
- 68% of parents lacked legal counsel during their first hearing
- 91% of removal requests were granted based solely on ACS affidavits
The Franklin H. Williams Judicial Commission found that Black and Latino families were disproportionately targeted, and that family court judges rarely push back against ACS claims—even when unsubstantiated.
Whistleblowers Silenced
Those inside the system who speak out often face career-ending retaliation. Samantha Long, a court clerk in New York, was terminated in 2024 after reporting that an ACS worker had falsified court documents. Her case, Long v. Byrne, was reinstated by a federal appeals court in July 2025.
According to the Times Union, Long provided email records showing she had warned judges of misconduct. Instead of being protected, she was fired within days.
This chilling precedent discourages internal accountability and allows misconduct to flourish unchecked.
ACS Caseworker Misconduct: Replacing the Broken Link
In the absence of oversight, ACS caseworkers are frequently involved in misconduct—most of which goes unpunished. A New York Post exposé revealed that over two dozen ACS staffers from 2019–2024 were disciplined for failing to make required home visits, backdating records, or exhibiting unprofessional behavior during family interviews. Only four were terminated. None were publicly named.
Cross-State Comparison: NJ and CA vs. NY
Unlike New York, both California and New Jersey have implemented independent oversight bodies to ensure child welfare agency accountability:
- New Jersey: The Child Fatality and Near Fatality Review Board (CFNFRB) investigates child deaths and issues public reports.
- California: The Office of the Ombudsperson provides a formal appeals process for families wrongfully investigated or separated.
New York has no ombudsman. No public board. No transparent appeal system. ACS is accountable only to itself.
Comparison Table
| State | Independent Oversight | Public Appeals | Fatality Reviews |
|---|---|---|---|
| New York (ACS) | No | No | Redacted internal reports only |
| New Jersey (DCF) | Yes | Limited | CFNFRB public reports |
| California (CPS) | Yes | Ombudsman program | County & state-level reports |
The Bigger Picture: A Broken Justice System
ACS is just one arm of a larger system that includes judges, clerks, and attorneys who operate with virtually no public accountability. The entire structure is hostile to parents—especially low-income, single, or minority parents—and resistant to oversight.
That is why we’ve titled this series Broken Justice. Because for thousands of families in New York, that is exactly what it is: broken, unbalanced, and cruel.
Explore more:
- Broken Justice: Part 1 – Judicial Abuse Behind Closed Doors
- Broken Justice: Part 2 – Collusion in Custody
- Broken Justice: Part 4 – Family Court Fails Fathers
- Broken Justice: Part 5 – The Price of Speaking Out
What Real Reform Looks Like
Reform isn’t a talking point—it’s a necessity. Experts and watchdogs agree on key changes:
- Establish an independent civilian oversight board for ACS
- Guarantee legal counsel at first hearings for all parents
- Launch a Child Welfare Ombudsman Office in New York
- Publish transparent data on removals, race, and agency outcomes
- Enact strong whistleblower protections
These reforms would not weaken child protection. They would strengthen it—by ensuring real harm is addressed and innocent families are spared trauma.
Conclusion: The Time for Broken Justice Is Over
New York’s family court and ACS system are broken—but not beyond repair. The data is clear. The stories are public. And now, the choice is ours.
Do we protect bureaucracies—or protect children and families?
👉 Have a story to share? Submit it here.
This is Part 3 of our Broken Justice series. All names have been anonymized where necessary. Sources were verified at the time of publication. We believe every family deserves due process and every child deserves protection—with justice that is transparent, not broken.