Newborn Taken By NYC Agency Illegally, Appeals Court Finds

NEW YORK, NY— A federal appeals court has ruled that New York City’s child welfare agency violated the constitutional rights of a 6-day-old baby when caseworkers removed him from his father without first obtaining a court order, a decision that could reshape how the city handles emergency child removals.

The ruling from the U.S. Court of Appeals for the Second Circuit stems from a case that kept a father and son apart for nearly three years.

The case centers on a father identified in court records as K.W.

The Administration for Children’s Services removed his newborn son through an emergency action shortly after birth. Court records show officials based the decision on allegations that the child’s mother had abused or neglected other children with different fathers.

K.W. faced no allegations of abuse or neglect.

Under state law, ACS typically must seek a Family Court order before removing a child from a parent’s care. The agency can bypass a judge only when officials believe a child faces imminent danger and there is not enough time to obtain court approval.

The appeals court found neither condition existed.

The court also found that a caseworker omitted key information and made misleading statements in court filings that later helped secure judicial approval for the separation.

According to the ruling, the caseworker failed to disclose that K.W. had cared for his son during the first days of the child’s life without incident.

The court also noted that the caseworker interacted with K.W. several times and documented no concerns about the baby’s safety.

“That moment of a family being torn apart stays with the family,” David Shalleck-Klein, executive director of the Family Justice Law Center, which represented the father, told the Gothamist. “It is a scar that remains with them.”

The appeals court said the caseworker should not receive qualified immunity, allowing claims against the worker to proceed.

Court records show he later received a diagnosis of dysthymic disorder, a chronic form of depression.

An ACS spokesperson said the agency and the city’s Law Department are reviewing the ruling, the Gothamist reported.

The decision arrives as ACS faces multiple lawsuits challenging its use of emergency removals.

Agency data show roughly half of child removals in abuse and neglect cases occur through emergency actions rather than court orders.

“Of course, some children need to be removed from their parents, and of course, a small subset of those need to be done — and the law permits them to be done — without going to a judge first,” Shalleck-Klein said. “But we see in the numbers year after year after year after year that it's not the exception. It's the default rule.”