practices, supervision, and investigations into child abuse and neglect conducted by ACS, as well as the appointment, training, supervision, promotion, and discipline of all ACS personnel.

35. At all relevant times, the officials, supervisors, managers, caseworkers, agents, and employees of ACS were acting under the color of state law in the course and scope of their duties and functions as officials, supervisors, managers, caseworkers, agents, and employees of ACS and otherwise performed and engaged in conduct incidental to the performance of their lawful duties. The officials, supervisors, managers, caseworkers, agents, and employees acted for and on behalf of ACS with the power and authority vested in them as officials, supervisors, managers, caseworkers, agents, and employees of ACS and Defendant City.

36. As the acts or omissions complained of in this Complaint are those of ACS, references herein to Defendant City shall refer specifically to and include the acts or omissions of

ACS.

Case 1:24-cv-01263 Document 1 Filed 02/20/24 Page 9 of 49 PageID #: 9

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I. ACS SEARCHES FAMILIES’ HOMES DURING NEARLY ALL OF ITS 50,000 INVESTIGATIONS EACH YEAR, WHICH OVERWHELMINGLY CONCLUDE WITHOUT ANY JUDICIAL DETERMINATION OF WRONGDOING

37. ACS caseworkers’ search families’ homes during nearly every one of the more than

50,000 investigations the agency conducts each year.

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FACTS

As used in this Complaint, “caseworkers” refers to ACS employees who work on, direct, manage, or assist in ACS’s response to reports of child abuse and maltreatment. This includes, but is not limited to, Child Protective Specialists Level I, Child Protective Specialists Level II, Child Protective Supervisors, Child Protective Managers, and other child protective and diagnostic staff.

As used in this Complaint, “investigations” includes both standard investigations and investigations classified as Family Assessment Response (“FAR”), or what ACS calls “CARES.” Most ACS investigations go into the standard track. N.Y.C. ADMIN. FOR CHILD. SERVS., Flash Report: Monthly Indicators January 2024 7 (Jan. 2024), https://www.nyc.gov/assets/acs/pdf/data-analysis/flashReports/2024/01.pdf [hereinafter, Jan. 2024 Monthly Indicators Report]. FAR investigations mirror standard investigations in many respects, including that FAR investigations involve searches where ACS deploys its Coercive

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