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FYI: The Second Circuit Court of Appeals wants help from New York’s high-court in deciding whether the city has the right to remove kids from their homes because they have witnessed domestic violence. A federal district court ruled last year in a class-action suit that the practice is unconstitutional. The city appealed, and the appellate court said yesterday that it wants to hear from the state Court of Appeals on a number of matters of New York constitutional law before offering its final ruling. The case started when lead plaintiff Sharwline Nicholson called 9-1-1 after being severely beaten by an ex-lover. While in the hospital, ACS put her kids in foster care, charging her with neglect for allowing them to watch her get battered; an audit during the lower court trial found the agency took around 80 children a year under similar circumstances. Check out Wendy Davis’ profile of Nicholson and her case in the City Limits magazine archives. [9/17/03]

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