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…
Articles Posted in Child Abuse & Neglect
Court Discussed Alleged Mistreatment of Child During Shoplifting Incident
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…
Mother Appeals Neglect Charges
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…
Court Decides if ACS Made Reasonable Efforts to Reunite Family
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…
Court Hears Case Regarding Child Neglect
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…
In re: Donnisha S.
April 19,2017 In October of 2017, the Administration of Child Services (ACS) filed an Article 10 proceeding on behalf of the child Donnisha, against the paternal grandmother and uncle. A petition for neglect states that Ms. PW (grandmother), and Mr. S (uncle), are responsible for the child’s care under Family…
Matter of Ashantewa W.L
NY Slip 00975 February 8, 2017 This is an appeal by a mother from a Family Court matter in Westchester County. The Order found that the mother was guilty of neglect. It was ordered that the decision of the prior court was affirmed. Regarding proving child neglect, the petitioner must…
Appellate Court Holds that Substantive Evidence Required to Prove Neglect Allegation
In Re: T.G. a Minor Allegedly Neglected by P.G. – No. NN-20507/15 This matter came to the court on inquest after the respondent failed to appear on three different occasions. The petition alleges that the respondent neglected her child and failed to provide proper guardianship and supervision. In a child…
Court Rules on Child Neglect Proceeding
In a child neglect proceeding brought pursuant to Family Court Act article 10, the parties stipulated to have the Nassau County Department of Probation investigate the underlying circumstances relating to the alleged child neglect and to thereafter issue a report, including its recommendations. The parties further agreed to allow the…
Court Decides Neglect Case
The Presentment Agency moves, pursuant to a motion for summary judgment, for an order adjudging an after-born child to be permanently neglected, upon the ground that the parents of the two older siblings of the after-born child have previously been adjudicated unable to provide proper and adequate care for them.…