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KimberlyLaw
KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
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Experience:  13 years of experience practicing law.
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A hard to place 15yr old child was placed in a recent approved

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A hard to place 15yr old child was placed in a recent approved inadequate foster home due to her status. The adult in the home was encouraged to adopt the child; however after a 1yr tenure a incident ensued between the mother and child. Consequently ASC (NYC Administration for Children's Services) was called in to investigate and based on their findings it was determined the child was in a unhealthy environment and was removed an put back into Foster Care. The problem is the adoption was already set in motion prior to the incident and was approved less than 30 days of its signage. ACS declined to reverse the adoption and allowed the adopted mom to collect on the adoption subsidies knowing the child was not in her care. Moreover the child was entitled to pension benefits left by her bio mom at the age of 18. However the child is now being told her benefits were already claimed by her adopted mom. This child is 18 and with absolutely nothing to fall back on. This was a complete injustice and how can I help her in regaining some restitution?
Submitted: 1 year ago.
Category: Family Law
Expert:  KimberlyLaw replied 1 year ago.
Hello, I am happy to assist you today.

I think you should reach out to legal aid again and also reach out to the new york city bar association. They should really be able to help get you someone here, because this is a situation that should be corrected somehow.

It's good that the child is now 18 so can make their own decisions, so the adoption shouldn't impact them too much. That money that was collected on their behalf they are definitely entitled to, so this can definitely be resolved in court if necessary.

First, I would have him or her draft a letter to the adoptive mother demanding that money to be returned. It is illegal for her to keep it. I had to go for the benefit of the child, which it clearly didn't.

Next, I would have him or her file a police report about this because this is a criminal offense of theft. The DA may be able to actually help out quite a bit here, and there may be no need to go to court to try to collect this if they bring criminal charges. Sounds like that would be the correct result here.

Let me know if you have any questions.
Kimberly
Customer: replied 1 year ago.

Does the child have a legal stance to legally challenge ACS due to their neglect in protecting her?. This home should have never been approved due to family history of abuse with other minors. It appears they forced the adoption in order to obtain permanent placement for child and rid them of any more headaches.


 


I mean they are fully culpable in outcome of this child current existence........

Expert:  KimberlyLaw replied 1 year ago.
Well, anytime you are talking about legal liability you must first consider the remedy that you are seeking. If you get them to rescind the adoption, this would not really help the child at this point because they are 18. So even if you were to go after the ACS and get it reversed, I am not sure what type of remedy you are seeking.

If you feel this is something criminal, you can file a claim with the police and they can decide if there is a crime that they can pursue. It never hurts to file a police report about this. You can do that at the same time as you file the report on the adoptive mother for stealing those funds.

It definitely sounds like that there was a history here with this person and that they should not have allowed an adoption. If you can figure out a remedy that you seek that can be pursued under the law, then you may have a case, but that is going to be a very tough fight and very expensive.

Kimberly
KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
Satisfied Customers: 3728
Experience: 13 years of experience practicing law.
KimberlyLaw and other Family Law Specialists are ready to help you

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