Nicholson v. Williams NY State Court of Appeals (May 2004) [pdf]

Amicus submitted to the New York State Court of Appeals in support of battered women and their children in Nicholson v. Scoppetta. The Nicholson case is a class action suit against the Administration for Children’s Services (“ACS”) of New York City based on their policy and practice of presumptively removing children from battered mothers and charging them with neglect for “engaging in domestic violence.” Under the ACS policy, children are removed and women charged simply because the mothers are victims of domestic violence. The Nicholson case, comprised of over 20 class members, challenges the ACS policy on constitutional grounds. The Court of Appeals for the Second Circuit has certified questions to the New York State Court of Appeals to assist in determining whether the policy is unconstitutional.