New York City, New York — Two families have filed a class-action lawsuit against New York City, alleging that the Administration for Children’s Services (ACS) routinely removes children from their homes without court approval and disproportionately targets Black and Latino families.
The lawsuit claims ACS has improperly expanded its use of “emergency removals,” a legal authority intended only for situations where a child faces immediate danger and there is not enough time to obtain a judicial order. According to the complaint, the agency increasingly uses the emergency designation to bypass court oversight.
An April 2026 ACS report found that more than half of all child removals in the city occurred through emergency procedures. The lawsuit also cites data showing that approximately 90% of emergency removals involve Black and Latino families, while white families account for roughly 3% of cases.
The legal challenge follows a recent ruling from the U.S. Court of Appeals for the Second Circuit, which found that child welfare officials may violate constitutional rights when removing children without judicial review if there is sufficient time to obtain a court order. The court also held that individual caseworkers can be held personally liable for unlawful removals.
Plaintiffs argue the policy has caused lasting harm to families. One parent involved in the lawsuit said seeking assistance from ACS ultimately resulted in nearly three years of separation from her children.
The city has not yet publicly responded to the lawsuit, which seeks broad reforms to ACS removal practices and increased judicial oversight.
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