Landmark Ruling Strikes Down Unwarranted CPS Oversight and Investigations

February 7, 2025

A pivotal decision by the appellate division of the NYS Supreme Court ends a longstanding child welfare practice that amounts to “double abuse” for survivors of domestic violence.

The ruling restores fundamental protections to individuals recovering from intimate partner violence by prohibiting the family court from allowing the NYC Administration for Children’s Services (ACS) to conduct ongoing family surveillance as a condition for non-respondent parents to retain custody of their children.

RHF partner The Family Justice Law Center spearheaded this groundbreaking class-action lawsuit with widespread amicus support from state and national organizations, including other RHF grantees, Children’s Rights, and The Bronx Defenders.

“For decades, unwarranted and invasive home searches have compounded trauma, revictimized innocent parents, and disrupted family relationships,” says Jessica Maxwell, RHF’s executive director. “We hope this ruling will impact CPS (child protective services) practice across the state. This transformative legal victory is the result of dedicated advocates and the families who bravely shared their harrowing experiences to call attention to unnecessary CPS involvement that threatens family integrity without improving child safety.”

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Child Welfare Agency Has No Right to Target Abused Parents, Court Rules
New York City child welfare agencies routinely investigate parents who report being abused, but a state appellate court ruled on Wednesday that the practice is illegal.
The New York Times | Feb. 5, 2025