ProPublica: Child Welfare Officials Have Searched Her Home and Her Son Dozens of Times. She’s Suing Them to Stop.
On behalf of a Brooklyn mother L.B. and her young son, Brooklyn Defenders (in collaboration with pro bono law firm Crowell & Moring) are suing ACS over NYC's Administration for Children's Services repeated and traumatizing investigations of her family based on false allegations and in violation of her 4th and 14th Amendment rights.
"Enabled by the police officers’ show of force, the caseworkers from the Administration for Children’s Services, New York City’s child welfare agency, entered L.B.’s apartment without a warrant that day in January 2021. Before she knew it, they were scrutinizing the contents of her refrigerator and cabinets, examining her bed and bathroom, and rifling through her personal belongings. They also had her lift up her son’s shirt so they could inspect his torso.
They found nothing. The boy was safe and unharmed, living in a clean, well-organized home with his mom and his adult sister, according to case records.
The allegations against L.B., made by an anonymous caller at 4:45 a.m. that day, were false. These included that she was a stripper (she worked at a home for people with disabilities); that she used drugs (none were found, and a drug test was negative for all substances); and that an abusive man lived with her and that she owned “machine guns” (after an exhaustive search and interrogation, both claims were deemed baseless).
In fact, L.B. has never been found to have committed any type of child maltreatment, ACS and court records show."
...
"L.B. this week filed a federal lawsuit against the commissioner of ACS and the city of New York, arguing that her Fourth Amendment right against unreasonable searches and seizures has been repeatedly violated by the agency’s warrantless incursions into her family’s private sphere. She is not primarily alleging that caseworkers committed specific unlawful acts, although several ACS staff members are also named in the suit. Rather, her contention is that three years of the same type and scope of investigation — no matter the source or credibility or repetitiveness of the accusations against her — is indiscriminately and thus unconstitutionally invasive."
