NEWS
DOMESTIC VIOLENCE VITICIMS SUE CHILD WELRARE AGENCY
New York, June 15, 2000

Battered mothers are claiming that when they seek help, they are being abused again, this time by the City's child welfare agency. A class action lawsuit filed in federal court today against the City's Administration for Children's Services (ACS) and the New York Police Department claims that ACS and the police take children from victims of domestic violence and put them in foster care - whether the children are in danger or not - claiming that the mothers "engaged in domestic violence" while the children were present.

New York police officers removed Sharwline Nicholson's children (ages one and five) at gunpoint after Nicholson called 911 for help when her ex (who had moved out of the area) returned and began beating her. The police handed the children over to ACS, who kept the children in foster care for 3 weeks. Even after returning the children, ACS continued to charge Nicholson with child neglect in the Family Court. "It's absurd to say that a woman who is being beaten up is 'engaging in domestic violence,'" says Carolyn A. Kubitschek, attorney for the plaintiffs. "That's like saying a mugging victim is 'engaging in a robbery.'" Kubitschek adds, "The domestic violence laws are designed to recognize that battered women are not willing victims. ACS has turned the legal system upside down to use it against the people it was designed to protect."

The plaintiffs are represented by the law firm of Lansner & Kubitschek,325 Broadway, New York City. For a copy of the complaint, contact (091.212) 349-0900. 18.07.2000

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