On March 4, 2009, the respondents (mother and her sons) filed three separate family offense petitions seeking the entry of orders of protection in favor of them and against appellant, respondent’s mother, and her sons’ grandmother. A New York Family Lawyer said that, the alleged family offenses included, inter alia,…
In this federal class action, the United States Court of Appeals for the Second Circuit has certified three questions centered on New York’s statutory scheme for child protective proceedings. The action was brought on behalf of mothers and their children who were separated because the mother had suffered domestic violence,…
The Defendant is charged by Prosecutor’s Information with violating Penal Law §240.25, Harassment in the first degree as a Class B Misdemeanor. The allegations involve the Defendant allegedly threatening his wife, by saying, in different occasions, the phrases “I’m going to slit your fucking throat,” and “You ever talk about…
This termination of parental rights (TPR) proceeding was brought pursuant to Social Service Law against respondent mother (RM) in connection to her child, FA, four years old. The petition, filed August 24, 2009, seeks to terminate the parental rights of RM on the grounds of mental illness. A New York…
On the evening of February 13, 1992, plaintiff pulled her car alongside an area where Nassau County police officers were investigating an auto accident and jumped out, screaming for help. Plaintiff mother (PM) informed the officers that her husband, TM, against whom she had obtained an order of protection, was…
This consolidated-proceeding before the court is somewhat complex procedural posture. A New York Family Lawyer said there are three separate matters: a petition filed by New York Foundling Hospital (hereafter “the agency”) pursuant to Section 384-b of the Social Services Law (“SSL”) seeking termination of parental rights and a transfer…
A New York Family Lawyer said that, in proceedings for an upward modification of child support, the petitioner mother appeals from an order of the Family Court, Putnam County, entered August 18, 1992, which denied her objections to an order of the same court, entered July 6, 1992, which dismissed…
The Court adjudicated the child as neglected child in a 59-page written decision outlining the history of the neglect case as well as the dispositional orders issued by the Court on the same date. A New York Family Lawyer said at that point, the child had been in care. The…
The two appeals before this court, involving two different sets of children, raise questions relating to Social Services Law §§ 384-b(4)(c) and 384-b(6)(a). Because in each case the trial court entertained a different view of the constitutionality of those sections, we have chosen to consolidate these appeals and consider the…
An institution filed a child neglect petition in the family court based on allegations that the mother failed to provide adequate medical care for the infant and had a prior history of neglect findings as to the infant’s older siblings. The court issued an order removing the child from the…