A Brooklyn man is fighting to get his children out of foster care citing abuse allegations. 

Sam Miller's four children were removed from his custody back in June after one of them fell out of the apartment's fire escape in Brooklyn. His kids, ages one through five, were taken away by the city's Administration for Children's Services and brought to a foster home in Freeport.

However, Miller says his 2-year-old daughter was hospitalized Tuesday with second-degree burns on her legs. He says she was scalded by hot water in a bathtub.

Nassau police say they determined the incident to be accidental. An attorney for Miller says he is planning to file a lawsuit against the foster mother, the Administration for Children's Services and any other agency involved in the placement and protection of his children.

Meanwhile, Miller says his other three children have been removed from the home and placed in a new location.