How do I get my child returned to me from nys foster care?

Question

I have done what the county has asked. I have gotten repeat evaluations for substance abuse and mental health. All have said no treatment needed. The caseworker has told false information to service providers about me. She has also attempted to create a diagnosis with a counselor I had never met with yet I was being led into her direction. I know this because I requested my records. The county continues to manipulate and lie to the court. I believe my attorney is also aiding them as it seems my child should be back with me as I have done what was required. My son has been abused while in a safety plan that I never made for him. Finally into foster care they took him . he regularly has bruising, black eyes, scrapes etc…and in his way of recreating a situation and repeatedly telling me that he is scared he is begging for help. He has also ran from a house he was left at by foster parents saying he was scared . I found him running in the middle of the road that day. Terrified. He’s autist

Peter Christopher Lomtevas · Answer

Aside from a general political overview, there is little to say in response to this question. Politics drive the protection of children. This means the federal government pays each state of the union to prosecute bad mothers. Mothers are presumed to be bad and in need of "services" until they are set straight by government, and then the child can be returned to the mother. Mothers get custody but they lose it too. 
 
As for the technical answer, a motion for leave to appeal to the appropriate appellate division is one way to correct family court errors. A lawyer would have to fine-tooth-comb through the case file looking for legal errors the family court committed. Those errors are typically short cuts not allowed by the article. Then, that lawyer would have to specify those errors in his motion for leave to appeal. Otherwise, the trial judge always co-counsels the case with the child protective apparatus. They always win and the parent always loses. 
 
The technicalities are contained in Article 10 of the Family Court Act. Surprisingly, the local appellate divisions stick very closely to the written requirements of Article 10. Virtually any error by the family court gets reversed and/or responded to rather vigorously. The family court must cautiously follow each provision or else be reversed quickly. 
 
As for case workers lying, they are not lying. They are triggering the provisions of the article. They know that the article permits them to get up-front relief for any allegation, and that is their way of prosecuting the matter. The public sees the child is being protected and the asker is being serviced. In this case, it appears drugs were an issue, so detoxing is the approach the apparatus is taking. 
 
On a side note, it is curious how the state supports the open use of marijuana, but takes kids away from mothers when they use drugs. Marijuana leads to the use of other drugs after the effects of cannabis wear off. This suggests that child protection in cases of drugs is a business, and the asker is the state's stock in trade. 
 
There cannot be a further discussion as we cannot see the case file to say something more concrete.

Q: How do I get my child returned to me from nys foster care?