When it comes to abuse of children, the courts look at not only the person who was accursed of inflicting the abuse, but also any individuals who were caring for the child around the time that the abuse occurred. Admin. for Children’s Servs. v. Allison B. (In re Dall. P.),…
Domestic violence cases commonly involve violence between intimate partners, with one partner assaulting the other. While one victim is always the person who has been directly physically abused, other victims can include any children who witness the abuse. In the case of In re Jayline J., 156 A.D.3d 701, 64 N.Y.S.3d…
A determination of neglect signifies a legal finding that a parent or caretaker has failed to provide adequate care, supervision, or guardianship for a child. It means that the court has concluded, based on the evidence presented, that the child’s physical, mental, or emotional well-being has been impaired or is…
Supervised visitation visits refer to a type of visitation where a third party, such as a social worker or designated family member, is present during the parent’s time with the child. This is done to ensure the child’s safety and well-being while maintaining a controlled environment for the parent-child interaction.…
In K.A. v. Wappingers Central School District, the plaintiffs sought to recover damages for personal injuries sustained by K.A., a developmentally disabled young woman, while under the supervision of the defendant school district. The court addressed whether the plaintiffs’ late filing of a notice of claim barred their ability to…
Child protective proceedings aim to safeguard the welfare of children and hold individuals accountable when their behavior endangers a child’s safety. In In re Andrew S., the Family Court addressed allegations of sexual abuse and neglect. The case involved complex legal questions about evidence, credibility, and the protective measures necessary…
In In re Fatuma I., 2022 N.Y. Slip Op. 7234 (N.Y. App. Div. 2022), the father appeals from an order dated January 13, 2022, which imposed restrictions on his parental access to his children. The court directed that the father could only have supervised access and prohibited him from being…
In custody issues involving multiple states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs jurisdictional determinations. The UCCJEA establishes guidelines for determining which state’s court has jurisdiction over the custody matter. Typically, the “home state” where the child has lived for a significant period holds jurisdiction. If a…
Neglect, as defined under Article 10 of the Family Court Act, refers to a failure to provide proper care for a child. This can include a lack of food, clothing, shelter, medical care, education, or supervision necessary for the child’s well-being. Neglect can also involve exposing a child to conditions…
Article 10 of the Family Court Act in New York addresses issues related to child abuse and neglect, including the use of corporal punishment. Corporal punishment, defined as the use of physical force against a child for the purpose of discipline, is a contentious issue. Under Article 10, the definition…