NEW YORK CITY — A class-action lawsuit was filed on May 28 against New York City’s Administration for Children’s Services (A.C.S.), accusing the agency of conducting unconstitutional emergency removals of children without court orders and doing so in a racially discriminatory manner. The suit alleges violations of the Fourth Amendment’s protection against unreasonable seizures and the Fourteenth Amendment’s equal-protection clause.

Around half of all child removals by A.C.S. occur without prior judicial approval, and in more than a quarter of cases where the agency later seeks court authorization, judges order the immediate return of the children. Each year, A.C.S. removes approximately 1,400 children on an emergency basis, and many of these cases involve no allegations of abuse. Internal A.C.S. data show that about 90% of children removed in these emergency actions are Black or Latino, while only 3% are from white families.

Denise Archer, a 36-year-old Black mother and one of the lead plaintiffs, had her three children removed twice in 2023 without a court order within a four-month span. The first removal occurred after she took her 12-year-old daughter Jasmine—who has autism and A.D.H.D.—to the hospital for an accidental injury; despite medical staff confirming the injury matched Archer’s account, A.C.S. removed all three children. They were returned two days later without a case being filed.

The second removal happened after Archer called the state child-protection hotline seeking respite care when she couldn’t reach her caseworker. Although the hotline report noted she was asking for temporary help, A.C.S. again took all three children. A judge later approved foster placement citing concerns about Archer’s mental health, not evidence of harm. The children remained in foster care for nearly three years until an appellate court found no proof her mental health posed a danger and ordered their return.

Jasmine was moved through four foster homes and repeatedly hospitalized in psychiatric wards—something that had never occurred while living with her mother. Daevon, who was two when placed in foster care, now fearfully apologizes to his mother when he does something wrong. Jeremiah began pulling out his eyebrow hairs and wetting the bed while in foster care.

The lawsuit seeks compensatory damages and an injunction to bar A.C.S. from emergency removals except in genuine emergencies. It cites an internal A.C.S. audit finding that caseworkers feel pressure to “err on the side of safety for themselves, by seeking removal and thereby ensuring that they won’t be liable in the case of abuse.” An A.C.S. spokesperson stated that emergency removals are only considered when a child is in imminent danger and there is not enough time to obtain a court order.