In the context of the Family Court Act Article 10, neglect refers to the failure of a caregiver, typically a parent or guardian, to provide adequate care, supervision, or support for a child’s well-being. This includes the failure to provide essential needs such as food, clothing, shelter, medical care, education,…
The case of Christopher D.S. v. Richard E.S. involves a father’s appeal from a decision terminating his parental rights with respect to five children. The father challenges the denial of his recusal request and asserts a violation of due process regarding diligent efforts for reunification. In New York, terminating parental…
When a New York court issues a custody order that is not deemed a temporary custody order, the order is considered final. The court wants children to have stability. The court, however, will modify a custody order if the situation warrants. For example, if a child is over 12 years…
In Y.Y.W. v. Z.G., the mother filed a petition seeking to modify two prior final orders, which denied her custody of her two sons and also prohibited visitation. The orders gave the father full legal and physical custody of the subject children. Background In 2016, Hon. Ilana Gruebel found clear…
In a child protective proceeding, the Appellate Division considered whether the mother had taken sufficient steps to be reunified with her children. In New York , if there is evidence that a parent has abused or neglected his (or her) child, the Administration for Children’s Services (ACS) has the authority…
In this case the Appellate Division considered whether the lower court properly concluded that the permanency goal in a child protective proceeding was to be placement for adoption instead of reunification with the mother. When a child is removed from the care of his (or her) parents due to findings…
Matter of N. v NY Office of Children & Family Services June 18, 2018 NY Slip Op 04379 The court rules that this decision should be reversed, and the petition dismissed without costs. Despite the defendant’s argument, the court does indeed have jurisdiction over this appeal considering the dual dissent…
Matter of CW 2018 NY Slip Op 06546 October 3, 2018 Decision This is a child neglect proceeding that was held pursuant to Family Court article 10. The mother filed this appeal from an order dated August 10, 2017. Her application was denied. The Administration of Child Services started…
In Re L. 2018 NY Slip Op. 06966 October 18, 2018 The plaintiff, in this case, asks whether NY Administration for Child Services made reasonable efforts for family reunifications, pursuant to Family Court Act 1089 when they failed to provide reasonable accommodations required by the Americans with Disabilities Act…
Matter of Michael A. 2018 NY Slip Op 05154 July 11, 2018 Decision This is an appeal brought by a mother regarding Family Court Article 10, dated November 16, 2016. The order denied the mother’s motion that established the petitioner had failed to make adequate efforts to achieve reunification between…