In New York, parents, youth, and other caretakers have the right to challenge court decisions through an appeal process. If they cannot afford an attorney, they also have the right to have counsel appointed to them.
At CFR, we represent our clients on appeals in order to challenge decisions we believe are mistakes and protect their rights. But a successful appeal can be a challenge to the system itself, binding many judges so that they can’t repeat the wrong for other families.
For example, we represented a father who was denied an emergency hearing when he was told to leave his home. We won the case, and now, many parents who face the same situation will be granted an emergency hearing. In another case, we challenged an order giving ACS access to all of our client’s mental health records, including records from before their children were born. The appeals court made it clear that Family Court must balance the harm to the parent of releasing records against the need for them and should review the records before releasing them to ACS.
These types of challenges to the system are vitally important to defend the rights of families, fight against decisions that may reflect racial bias, and contest court procedures that are unfair or don’t adequately protect clients’ rights.Â
Whether you are represented by CFR on your appeal or by another attorney, we will help you get the process started by filling out the necessary paperwork to help defend your family’s rights and ensure the same wrong can’t be repeated to other families.
We will first speak with you and your legal team to determine if we can represent you. Our appeals team will then hear more from you about what went wrong in Family Court and what you hope to accomplish through an appeal. We will file the paperwork to start the appeal and for you to get a free attorney, even if it is not CFR.
We will review transcripts of the Family Court hearings and the exhibits that were entered into evidence, identify the arguments that are most likely to be successful in the appeals court, and write a brief that tells the story of your case and why the Family Court order should be overturned or changed.
Once we’ve built a strong argument for your appeal, we will argue it before the judges who will be deciding. No matter the outcome, the CFR team will always fully explain the court’s decision to you and help you determine next steps.
Learn more about the common terms we use at CFR and why we choose to use certain language like the family policing system instead of the child welfare system in order to accurately reflect the reality that thousands of Black and Brown families experience every day.
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Our team consists of attorneys, social workers, and parent advocates who have been through the systems themselves. Together, we fight alongside our clients for a future where every family can live free from surveillance and raise their children with self-determination.
Within this building are people who fight for families every single day and make sure that their voices are heard. -Teyora Graves-Ferrell, CFR Parent Advocate Director Watch Our Impact Video