Meredith Trainor’s daughter was 11 months old when caseworkers from New York City’s Administration for Children’s Services took her from Trainor's arms without a court order, according to a federal lawsuit in the Eastern District of New York this week.
Trainor argues her daughter’s removal — which led to a five-day separation and monthslong Family Court case — was unlawful. Her lawsuit accuses the city of violating her and her daughter’s constitutional rights.
Emergency removals, which happen without a court order, are meant to be a last resort when caseworkers fear a child faces imminent danger. But city data shows these types of removals occur on a regular basis — accounting for about half of abuse and neglect removals each year. Trainor’s daughter was one of the more than 1,300 children ACS separates from their parents without a court order each year, according to the agency’s data.
Trainor’s lawsuit argues ACS is exploiting the emergency removal system. It claims the agency is pressuring caseworkers to remove children when there isn’t actually an emergency to protect its reputation.
“There’s really nothing scarier for a parent than having the government come to your door, forcibly take your kid from you, not be sure where they’re going, not be sure when you’re going to see them again,” said Max Selver, an associate attorney at Emery Celli who is representing Trainor in the civil lawsuit. “That level of trauma being inflicted on families, I think, needs to be taken incredibly seriously.”
The law department and the mayor’s office referred Gothamist to ACS, which said in a statement that the agency “is committed to keeping families together whenever that is safely possible.”
“Emergency removals are only considered in circumstances where all other options are ruled out, and teams of highly trained child protective staff determine that a child is in imminent danger and that there is not enough time to get a court order,” said ACS spokesperson Marisa Kaufman. “In more than 97% of child protection cases, children are not removed from their homes.”