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…
Articles Posted in Child Abuse & Neglect
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.…
Court Orders that Plaintiff be Responsible for Hospital Expenses of the Defendant
In an action in which a judgment of the Supreme Court, Kings County, was entered, Inter alia, granting plaintiff and defendant a divorce, defendants appeal from an order of the same court, dated July 27, 1978, which, upon plaintiff’s motion, “resettled and clarified” the judgment of divorce, by (1) amending…
Three Children Subjects of Neglect Proceedings
The appellant (hereinafter the mother), is the mother of the three children who are the subjects of these neglect proceedings. In the early morning hours of February 4, 2009, the children, then aged six years, four years, and nine months, respectively, were found by a police officer wandering the streets…
Court Determines Custody of Foster Children
The question presented by the instant case is whether the evidence adduced on NYCCS’s direct case at the combined Family Court Act § 1027 hearing, for the child DD, and Family Court Act § 1028 hearing, for the children JJ and BB, establishes imminent risk sufficient to warrant the children…
Petitioner Files Claim to Extend Placement in Foster Home
This extension of placement proceeding under Section 1055 of the Family Court Act raises questions as to the perimeters of the Family Court’s jurisdiction. MR was born on June 19, 1982. Less than two months later, she was remanded to the Commissioner of Social Services who has had responsibility…
Respondent’s Placement Lapses at New York State Division of Youth During Proceedings
In this proceeding under Family Court Act article 10, the New York City Corporation Counsel, on behalf of the Administration for Children’s Services, seeks leave of the court to allow the respondent’s placement with the Commissioner of Social Services [CSS] to lapse, in light of the respondent’s placement with…
Child Services Alleges Abuse of Child by Mother
On June 20, 2011, the Administration for Children’s Services (ACS) filed a petition against respondent mother alleging that she derivatively severely abused the subject child by committing reckless or intentional acts that evinced a depraved indifference to human life and caused serious physical injury to the subject child’s five-year-old…