Sharwline Nicholson: The Face of an ACS Survivor

by Humacao | September 22, 2009 at 12:37 am
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S. Nicholson

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Sharwline Nicholson is a mother of four and domestic violence survivor who set a precedence in how the Department of Child and Family services in New York deals with future victims of domestic violence who have children when she filed a civil suit against ACS in New York in 2001.



Nicholson was in an abusive relationship when her children were removed from her custody. The New York Administration for Children annd Families took Nicholson's children from her as she lay injured from the latest assault inflicted by her batterer. They placed her children in foster care where they were neglected and abused by "loving" foster-parents.



Nicholson, with the help of her family, fought to get her children back and then sent them to family in her native country, Jamaica. She stayed behind to take on the system and won.



Judge Weinstein presided over Nicholson's case and cited (amongst others) the Fourteenth amendment in his decision in Nicholson's favor. I'm not sure exactly how ACS is handling these types of cases today, but Nicholson's lawsuit helped to save a lot of families from being torn apart.



Now we're hoping to see other states, whose agencies are still persecuting and prosecuting victim's of domestic violence by removng their children from their custody, follow in the steps of the "reformed" New York ACS.



Sharwline Nicholson, in her writing, underscored what guided Susan Schechter herself: "Keeping a mom safe will result in safety for the child."



She is an immigrant woman from the Caribbean who works for Home Depot where she began as a cashier, going on to be promoted over the five years she has been employed there.



She is also a domestic violence survivor who experienced the worst of the child welfare system. Ultimately she turned pain into power by beginning a lawsuit which became a landmark case: Nicholson v. Williams.



In this case, a federal judge decided that the practice of removing the children of battered women from their custody was erratic and unfair, further punishing mothers already victimized by domestic violence.



Nicholson pursued this suit at great personal risk because she wanted to help other mothers and their children faced with similar issues.



As a result of her success, she has been invited to many domestic violence conferences and colleges to speak, conduct workshops, participate in plenary sessions and facilitate dialogues.



She has been active in several organizations in New York City including serving on the board of the Child Welfare Organizing Project and on the advisory board for the Child Welfare Watch. Her goal is to work collectively at addressing the systemic issues which directly affect mothers and children.



She truly is an emerging leader who has a platform from which to launch a career that holds the potential of changing the landscape with regard to the response to child abuse and domestic violence.



Nicholson’s proposed project is producing a video on the landmark case that bears her name for law students, child welfare workers, domestic violence advocates and survivors.



She believes that professionals who hear directly from someone affected by the issues in the case about the changes in law and the rights of battered women and children will be more likely to act accordingly.



This policy and practice change strategy is linked to local organizing work through which she wants to educate residents in her own neighborhood (Central Brooklyn) about the ramifications of her case thereby empowering victims who may face challenges similar to those she has experienced. For information on this program visit: http://schechterfellowship.org/fellows/



A. Cruz


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