Josefina S. v. The City of New York

Individual Relief Process

As part of the settlement in the Josefina S. v. City of New York litigation, ACS has implemented a process, known as the Individual Relief Process ("IRP"), where Josefina S. Class Members who have open Family Court child protective cases may raise their concerns about any alleged discrimination by anyone at ACS or by any Provider Agency in connection with a Class Member's actual or suspected intellectual or developmental disability (I/DD), or concerns regarding the sufficiency of services or reasonable accommodations to enable the Class Member (i) to comply with or participate in programs intended to assist in reunification or increased Family Time or (ii) to avoid unnecessary removal.

For purposes of the Josefina S. v. City of New York Settlement, the following is the definition of a Josefina S. Class Member:

All parents with actual or suspected intellectual or developmental disabilities who have been or will be reported to the New York Statewide Central Register of Child Abuse and Maltreatment, and who have been or will be investigated by ACS pursuant to such report.

For Class Members who have open Family Court child protective cases, the following is the process to use for a Class Member who wishes to raise such concerns through the IRP:

•  The Class Member's Family Court attorney (or, if unrepresented, the Class Member) shall make a good faith effort to resolve any concerns described above, by communicating with the Family Court Legal Services (FCLS) attorney assigned to the case.
• If the Class Member's efforts prove unavailing, the Class Member's attorney (or, if unrepresented, the Class Member) may escalate that inquiry by emailing the FCLS attorney assigned to the case and copying the FCLS Borough Chief and the Director of the FCLS Legal Compliance Unit at IDDFCLS@acs.nyc.gov. The subject line of that email will state "Josefina S. v. the City of New York" and the ACS case number. The body of the email will include the Class Member's name, child's name, child's date of birth, and a description of the concerns.  The Director of the FCLS Legal Compliance Unit can be emailed at IDDFCLS@acs.nyc.gov.
• Within ten (10) business days of receipt of the email inquiry, or within three (3) business days in the event of an imminent or emergency removal (except if conditions do not permit for a review and response within three business days), the Director of the FCLS Legal Compliance Unit, or his/her designee, will review the email and will respond to the Class Member's Family Court attorney, copying the FCLS attorney and the FCLS Borough Chief.  In the response, the Director of the Legal Compliance Unit, or designee, will propose a way to resolve the concerns and an expected timeline for the same.

For a Class Member who wishes to raise such concerns listed above but who does not have an open Family Court child protective case, the Class Member should raise those concerns through the ACS ADA Procedure.

Process for Attorneys from Legal Services Providers to Notify ACS of Possible Josefina S. Class Members

As part of the settlement in the Josefina S. v. City of New York litigation, ACS has implemented a process for attorneys from Legal Services Providers to notify ACS of the identity of possible Josefina S. Class Members for appropriate case follow up by CPS and case planners.  Attorneys from Legal Services Providers who have a client that is a possible Josefina S. Class Member may send an email to the Director of Legal Compliance Unit at the following email address: IDDFCLS@acs.nyc.gov with information about that Class Member.

For purposes of the Josefina S. v. City of New York Settlement, the following is the definition of a Josefina S. Class Member:

All parents with actual or suspected intellectual or developmental disabilities who have been or will be reported to the New York Statewide Central Register of Child Abuse and Maltreatment, and who have been or will be investigated by ACS pursuant to such report.

CONNECTIONS Josefina S. Indicator

The New York State Office of Children and Family Services (OCFS) has agreed to add a new checkbox to CONNECTIONS in the Person List Window, Characteristics Tab, labeled "Josefina Class Member - Consider for Services" and is also referred to as the CONNECTIONS Josefina S. Indicator ("Indicator"). The scheduled implementation date is August 14, 2024.

Staff are required to check the Indicator whenever staff first suspect or confirm that a parent has an Intellectual or Developmental Disability ("I/DD"), including at the investigative stage of a case or when child protective or case planners are newly assigned to an existing case, if the CONNECTIONS Josefina S. Indicator has not already been checked.