No one ever accused Kyon of harming her child. But for nine months in 2024, caseworkers from the city Administration for Children’s Services regularly visited her home, inspected her son’s body, looked through every room and searched her refrigerator.
It started after Kyon’s boyfriend at the time beat her in front of their then-14-month-old-son, according to court papers. ACS opened a case against the father, accusing him of neglecting his child by committing domestic violence in front of him.
But even though Kyon wasn’t accused of wrongdoing and never lost custody of her son, she was placed under ACS supervision.
Now, an appellate court has ruled that ACS’ visits with Kyon amounted to illegal surveillance, after she challenged the agency’s practices in court.
“Essentially, the ACS policy at issue in this case permits it to surveil the mother simply because the child’s father committed acts of domestic violence against her,” Associate Justice Ellen Gesmer wrote in the court’s ruling. “We cannot condone a policy based on this faulty and unlawful premise.”
The ruling could spare thousands of other kids and domestic violence survivors from intrusive and unlawful surveillance. Attorneys for parents and children say the practice unnecessarily traumatizes parents and children. They also say supervising domestic violence victims who aren’t accused of abusing or neglecting their kids can reinforce the controlling dynamics they experienced when they were being abused.
“There is always this sword of Damocles, which is hanging above them, which is that if they do not comply, if they do not cooperate, if they do not seem like they are doing whatever ACS wants them to do, that their children can be taken from them at any given moment,” said the Family Justice Law Center's Executive Director David Shalleck-Klein, who represented Kyon in her appeal.
Kyon did not follow up on a request for an interview, and her lawyer asked that her last name not be used to protect her and her family’s privacy. Her full name does not appear in court papers, which is typical in family court cases.
In a statement, ACS spokesperson Marisa Kaufman said the agency agrees with the court that families should not be monitored “beyond what is necessary to protect the child.”