Child Abuse & Neglect

Published on: January 16, 2016

Child Services Alleges Abuse of Child by Mother

by Stephen Bilkis

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 sibling Jamar resulting in his death.

The subject child under the age of eighteen whose parent subjected the child to reckless or intentional acts committed under circumstances evincing a depraved indifference to human life, which resulted in serious physical injury to the child as defined in subdivision ten of section 10.00 of the penal law:

Published on: January 10, 2016

Father Accused of Sexual Abuse of Four Children

by Stephen Bilkis

In this case, respondent mother is the mother of the four subject children. The father is the father of these children and a person legally responsible for them, resides in Grenada where the children resided with a maternal aunt and visited with their father until the summer of 2005. During the years that the twins resided in Grenada, they had telephone contact with respondent mother, however, they rarely saw her.

On January 4, 2007, New York City Children’s Services (hereinafter, “NYCCS”) filed abuse and neglect petitions against respondent mother and respondent father in Kings County Family Court. The petitions alleged that respondent father committed a sex offense against the child. The above incidents were alleged to be in violation of article 130 of Penal Law, including but not limited to §§ 130.20 (sexual misconduct),1 130.65 (sexual abuse in the second degree),2 and 260.10 (endangering the welfare of a minor).

Published on: December 9, 2015

Plaintiff Fails to State a Cause of Action

by Stephen Bilkis

The motion by defendant Board of Education of the Long Beach School District to dismiss the complaint for failure to state a cause of action is granted.

This is a pro se action for educational malpractice and the wrongful bringing of a neglect proceeding in the Family Court. Plaintiff and her husband have a 14 year old daughter who attends public school in Long Beach. Defendants are the Board of Education of the Long Beach School District and the Nassau County Department of Social Services (“DSS”).

Published on: November 3, 2015

Court Hears Disturbing Case of Abuse and Neglect

by Stephen Bilkis

At issue on this appeal is whether the City of New York and a child protective service, defendant Louise Wise Services (LWS), sued herein as Louise Wise Agency, are insulated by immunity from liability for injuries allegedly sustained by children, both in connection with their judicial placement into the foster care system and subsequently, while in the custody of various foster homes. This Court concludes that although these defendants are insulated from liability with respect to the initial placement, they are answerable for any injuries sustained as the result of the failure to adequately supervise foster parents to ensure that children entrusted to their care are not subjected to mistreatment.

The plaintiffs Deborah (Debbie) and Sean M. are siblings, born on December 29, 1976 and January 16, 1980, respectively. They were removed from the child custody of their natural parents in February 1982 after it was determined that the five-year-old Debbie had contracted gonorrhea of the throat. The children were first placed with defendant Catholic Guardian Society and, after approximately two months, were transferred to the custody of defendant LWS. At her deposition, Debbie testified, inter alia, that in the first foster home, she was kept in her room “hour after hour.” In the second home, she was beaten and pushed into a glass, cutting her wrist; the foster mother told Debbie to say that she had fallen off a bicycle. Ms. Vasquez, the third foster parent, pulled her hair, struck her and routinely confined her to a room; a male child in the same home fondled her, at least once, between the legs. Debbie was then between five and seven years old. In another home on Long Island, the foster parent was not abusive, but the older children used to have “oral sex parties” with Debbie. She was ultimately returned to her mother’s home, where she was subjected to constant physical abuse by her mother and stepfather.

The complaint, dated September 5, 1985, alleges that plaintiffs were subjected to physical and sexual abuse, both within and outside the foster care system. The first and second causes of action allege that the City of New York and its agencies, the Human Resources Administration and the Department of Social Services (collectively, the City), failed to act on reports of abuse and neglect received since January 1977 by taking timely and appropriate action to remove, respectively, plaintiff Debbie M. and plaintiff Sean M. from the custody of their biological parents. The third and fourth causes of action allege that from the time they were placed in foster care in February 1982 until March 1984, plaintiffs were subjected to abuse and neglect in a series of foster homes and were denied adequate medical care. It is further alleged that after Family Court returned them to their mother’s home, plaintiffs were subjected to further abuse and neglect. The complaint asserts that defendants breached their duties to investigate complaints of abuse and neglect, to provide a clean and safe environment for the children and to furnish appropriate medical treatment.

Published on: October 4, 2015

ASC Brings Action Against Mother for Severe Abuse

by Stephen Bilkis

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 sibling Jamar resulting in his death.

The subject child under the age of eighteen whose parent subjected the child to reckless or intentional acts committed under circumstances evincing a depraved indifference to human life, which resulted in serious physical injury to the child as defined in subdivision ten of section 10.00 of the penal law:

Published on: July 22, 2015

Court Review Social Service Law

by Stephen Bilkis

This termination of parental rights (TPR) proceeding was brought pursuant to Social Service Law (SSL) section 384–b by Petitioner against respondent in connection to her child, age four. The petition, filed August 24, 2009, seeks to terminate the parental rights of RM on the grounds of mental illness.1 The Court held a fact finding hearing on September 22, 2010, October 18, 2010, December 21, 2010, January 18, 2011, January 20, 2011, January 21, 2011, February 4, 2011, March 4, 2011 and April 26, 2011. On June 27, 2011, counsel delivered oral summations with supplemental written summations submitted to the Court on July 8, 2011.

The petitioner presented the testimony of one (1) witness: a qualified expert in the field of clinical psychology. Respondent presented the testimony of two (2) witnesses: a qualified expert in the field of forensic psychology, and RM who testified on her own behalf. Petitioner also submitted for judicial notice the following court orders, decisions and documents/photographs, in connection with the underlying child protective proceeding and prior termination of parental rights proceeding brought against RM as to her child, who was freed for adoption by order dated June 24, 2008.

Published on: July 3, 2015

Respondent Claims that Plaintiff Failed to State a Cause of Action

by Stephen Bilkis

The matter before the court is a Motion filed by counsel for the Respondent for an Order pursuant to the provisions of Sections 100.15, 100.20, 100.30 and 100.40 of the Criminal Procedure Law, dismissing the petition for failure to state a cause of action. The original petition herein was filed by a Nassau County Detective assigned to the Juvenile Aid Bureau of the Nassau County Police Department.

The Respondent contends that since the petition was not verified in the manner prescribed by Section 100.30 of the Criminal Procedure Law and since the statement of the complainant which supports the petition was not verified as required by Section 100.20 of the Criminal Procedure Law, the petition must be dismissed.

Published on: June 25, 2015

Court Rules on Case Regarding Child Neglect

by Stephen Bilkis

In a proceeding pursuant to article 6 of the Family Court Act, to adjudicate SX a permanently neglected child, and to commit him to the custody and guardianship of the Commissioner of the Nassau County Department of Social Services (DSS), the natural mother, MY, appeals from an order of disposition of the Family Court, Nassau County, entered September 16, 1983, which directed that the guardianship and custody of SX be committed to the Commissioner of the DSS on condition that the child be adopted by Mr. and Mrs. Z.

The subject of this proceeding is SX, born August 30, 1970. SX has a brother, GX, born December 4, 1967, a sister, JX, born September 20, 1971, a stepbrother, W, born May 30, 1974, and a stepsister, E, born June 26, 1975. SX’s mother is MX, who, after being divorced from SX;s father, remarried and became known as MY (the appellant).

Published on: March 30, 2015

Court Decides How Domicile of Claimant Effects Case

by Stephen Bilkis

In this probate proceeding objections were filed and a jury demanded by respondents. A motion is now made by them to dismiss the petition before any trial on the merits upon the ground that the decedent was not a (domiciliary) resident of Nassau County at her death on February 14, 1977 as specified in SCPA 206, subd. 1. They request that the proceeding be forwarded to New York County as the “proper county of residence” and also for the convenience of witnesses.

In support of the motion there have been filed affidavits of respondents’ attorney and of respondent, along with copies of affidavits and exhibits which had been previously submitted to this court in connection with an application to revoke letters testamentary which had been issued to the proponent here on the estate of this decedent’s husband, who died on May 26, 1975. In opposition to the motion various other facts are asserted to sustain proponent’s claim that Nassau County was the domiciliary residence of decedent and both attorneys have submitted memoranda in support of their respective positions. The court has examined them and will discuss below the various facts alleged by both sides.

Published on: March 23, 2015

Court Decides Complicated Neglect Case

by Stephen Bilkis

The Grievance Committee for the Tenth Judicial District (hereinafter the Grievance Committee) served the respondent with a petition dated August 23, 2007, containing nine charges of professional misconduct. After a preliminary conference the Special Referee sustained charges one through six but found that charges seven through nine had not been established by a fair preponderance of the credible evidence. The Grievance Committee now moves to confirm the Special Referee’s report. The respondent cross-moves to confirm the Special Referee’s report with respect to charges seven, eight, and nine and to disaffirm with respect to charges two, four, five, and six.

A charge one alleges that the respondent allowed his professional judgment on behalf of his clients to be affected by his own financial, business, property, or personal interests in that during the course of his representation of two clients (hereinafter the clients) in a child neglect matter pending in Family Court, he had the clients convey title to their home to him in order to prevent a foreclosure sale of the property and, thereafter, sought to evict them while continuing to represent them in the Family Court matter, in violation of Code of Professional Responsibility.