Emery Celli Brinckerhoff Abady Ward & Maazel LLP filed a federal civil rights lawsuit in the United States District Court for the Eastern District of New York on behalf of Meredith Trainor, challenging the emergency removal of her then-11-month-old daughter by the New York City Administration for Children’s Services (ACS).

The complaint alleges that ACS removed the child on January 4, 2024 without a court order, without Ms. Trainor’s consent, and despite multiple documented findings that there were “no safety concerns” in the home. In the days leading up to the removal, ACS caseworkers conducted home visits, interviewed collateral contacts, and assessed the family’s circumstances. According to the complaint, ACS documented that the home was clean and safe, that the child appeared happy and closely bonded with her mother, and that Ms. Trainor presented no mental health or substance abuse concerns.

Despite those findings, ACS allegedly arrived at Ms. Trainor’s home on the evening of January 4, 2024 and removed the child without first seeking judicial authorization. ACS filed a neglect petition the following day. The child remained separated from her mother for five days until a Queens County Family Court judge ordered her immediate return, finding that removal was not necessary to avoid imminent risk to the child’s life or safety. The neglect petition was later dismissed in its entirety.

The lawsuit also points to broader concerns about ACS’s use of warrantless emergency removals. According to publicly available data cited in the complaint, ACS conducts more than 1,390 emergency child removals each year without first obtaining a court order, and approximately half of all removals lack prior judicial authorization. New York City Council reports indicate that roughly 27 percent of emergency removals are not upheld at initial Family Court hearings.

The complaint asserts multiple causes of action under federal civil rights law and New York state law. Ms. Trainor seeks compensatory and punitive damages, as well as other relief the court deems just and proper.

“Having my baby taken from my arms without warning was the most terrifying moment of my life,” said Meredith Trainor. “ACS had already come into my home multiple times and documented that my daughter was safe and loved, yet they still took her without a court order and without telling me where she was going. Hearing my baby cry for me as they drove away is something I will never forget. No parent should have to go through what we did.” 
 
“Separating a family is one of the most extreme powers the government has. It should only happen when a child is truly in danger — and that was plainly not the case here,” said Max Selver, an associate at Emery Celli Brinckerhoff Abady Ward & Maazel LLP. “ACS’s own records repeatedly documented that there were no safety concerns in Ms. Trainor’s home, yet her baby was taken anyway. We are proud to represent Ms. Trainor and her daughter in seeking accountability for this egregious violation of their constitutional rights.”  

Read more in Gothamist.