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…
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…
Kinship guardianship assistance payments in New York, often referred to as KinGap, are financial subsidies provided to relative caregivers who assume legal guardianship of children in their care. These payments are intended to support the guardians in meeting the needs of the children. Some examples of what the payments can…
Ulster Cnty. Dep’t of Soc. Servs. v. Ashley Y. (In re Annaleigh X.), 205 A.D.3d 1109 (N.Y. App. Div. 2022) involves allegations of neglect against a mother in Ulster County, New York. The case raises important issues regarding parental responsibility and the duty to provide proper supervision and guardianship to…
Guardianship of a child in New York involves the legal authority granted to an individual or entity to make important decisions regarding the care, welfare, and upbringing of a child who is not their biological or adoptive child. This authority is typically granted by a court and is necessary when…
Juan R.E.M. v. Juan R.E. 2017 N.Y. Slip Op. 6977 (N.Y. App. Div. 2017) revolves around the efforts of a child to obtain special immigrant juvenile status (SIJS) in the United States. SIJS was designed to provide protection to immigrant children who have been abused, abandoned, or neglected by one…
In New York Family Court, a permanency hearing is a legal proceeding designed to determine the long-term plan for children who have been removed from their homes due to abuse, neglect, or other circumstances endangering their well-being. These hearings aim to establish a stable and secure environment for the children…
In Daphne M. v. Wanda J. (In re Caleesta S.) 200 A.D.3d 504 (N.Y. App. Div. 2021), the court had to determine whether a nonparent should be granted guardianship of a child over a parent. In New York, circumstances may arise where a nonparent is considered for guardianship over a…
D.L. v. S.B. 2022 N.Y. Slip Op. 5940 (N.Y. 2022) concerns the interpretation of the Interstate Compact on the Placement of Children (ICPC) regarding out-of-state, noncustodial parents seeking custody of their children who are in the custody of New York social services agencies. The key question revolves around whether the…
In In re TN 2020 N.Y. Slip Op. 50548 (N.Y. Fam. Ct. 2020), a case about the guardianship of a minor child, significant constitutional rights were at stake. The petitioner, acting on behalf of the maternal aunt seeking guardianship of the child, filed a motion to waive service of process…