Child Abuse & Neglect

Published on: February 28, 2015

Court Decides Neglect Proceeding

by Stephen Bilkis

In this neglect proceeding commenced by the Nassau County Department of Social Services alleging, in essence, that a child now 15 1/2 years old had been sexually abused by the respondent, her adoptive father, for a period of approximately four (4) years prior to April 10, 1989, respondent moves for an order dismissing the petition and an award of counsel fees. A brief summary of the events leading to this motion is appropriate.

On August 30, 1989, respondent entered a general denial and the matter was set down for trial on October 30, 1989. In companion matters the Court issued temporary orders of protection removing respondent from the home and providing for supervised visitation. The amended petition in these companion matters alleges inter alia respondent’s tendency toward sadistic sexual practice as well as bestiality.

Published on: February 23, 2015

ASC files Suit Against Parents of Four for Neglect

by Stephen Bilkis

On February 23, 2007, the Commissioner of the New York City Administration for Children’s Services (the Commissioner or ACS) filed related petitions under article 10 of the Family Court Act against respondents AN. and RB with respect to the four children who resided with them: five-month old J., five-year old JS N., five-year old D B., and two-year old DW. AN and RB are J’s parents, while AN is JS’s father and RB is the mother of D and DW. ACS had carried out an emergency removal pursuant to Family Court Act § 1024 the previous day, after social workers at Bellevue Hospital Center reported suspected child abuse to the Statewide Central Register of Child Abuse and Maltreatment.

The petitions in these child protective proceedings alleged that J, whom AN brought to Bellevue on the evening of February 21, 2007 – hours after he claimed that the baby screamed in a way unlike ever before – had been admitted with a “shifted and fractured collar-bone with swelling”; and that, upon further examination, hospital personnel discovered four partially healed fractured ribs. The petitions also asserted that AN “inflicted excessive corporal punishment” on JS by hitting him with a “black wire,” thereby causing “excessive welts to his body”; and that RB failed to intervene to protect him. The Commissioner sought orders determining, upon clear and convincing evidence, that these four children were severely or repeatedly abused, and, upon a preponderance of the evidence, that they were victims of abuse and neglect.

At the conclusion of the hearing, Family Court determined that AN and RB abused J “in that, while in the care of AN and RB, the child sustained fractures of the clavicle and of the left 4-7 ribs and AN and RB have not offered any credible explanation for any of these injuries and that they neglected and derivatively abused JS, and derivatively abused and neglected DW and D.

Published on: January 19, 2015

Petitioner Seeks Modification of Child Support

by Stephen Bilkis

On three related proceedings, inter alia, for modification of child support and maintenance obligations, the petitioner husband appeals (1) from an order of the Family Court, Nassau County (Ryan, J.), entered December 20, 1988, which denied his objections to so much of an order of the same court (O’Shea, H.E.), dated September 19, 1988, as dismissed his application to increase the wife’s child support obligation, (2) from an order of the Family Court, Nassau County (Joseph, J.), entered May 18, 1989, which denied his objections to an order of the same court (Watson, H.E.), dated March 16, 1989, dismissing his application to reduce his maintenance obligation, and (3) as limited by his brief, from so much of an order of the Family Court, Nassau County (Joseph, J.), entered June 8, 1989, as denied his application to (a) vacate an income execution served on his employer, (b) adjudge the wife’s employer to be in contempt, and (c) vacate the order entered December 20, 1988.

The parties settled their divorce action on July 22, 1983, by entering into a stipulation which was incorporated in but did [167 A.D.2d 541] not merge with their judgment of divorce (see, Harkavy v. Harkavy, 167 A.D.2d 510, 562 N.Y.S.2d 182 [decided herewith]. The stipulation provided for the wife, at that time a full-time homemaker, to be the custodial parent of the parties’ two children. The parties further agreed that their assets, including the marital residence, would be essentially split evenly, and that the husband would pay child support as well as $100 per week maintenance.

Published on: November 1, 2014

Court Considers Disposition of Child in Light of Being Born Addicted to Drugs

by Stephen Bilkis

The subject child was born on February 10, 2004 with a positive toxicology for opiates. This father is listed on her birth certificate. The subject child remained in the hospital for over a month due to withdrawal symptoms. When she was released from the hospital on March 17, 2004, the Administration for Children’s Services (hereinafter ACS) conducted an emergency removal, and thereafter, she was remanded to ACS, subsequent to, and pending, the resolution of the neglect petition ACS filed against her mother and father on March 19, 2004. On April 16, 2004, she began to reside with her current no kinship foster parents.

At the time the subject child was born, both her mother and father were using street methadone and heroin. ACS’s neglect petition alleges neglect by virtue of their substance abuse as well as the mother’s mental illness. The subject child’s parents were not married at the time she was born or subsequently. An order of filiation was entered on May 11, 2004 upon the request and consent of her parents, because at that time the agency and parents did not have a copy of her birth certificate in order to know whether the father had established his paternity. Based on the parents’ admissions and consent, a finding of abuse and neglect was entered against both parents on May 11, 2004. While this father was incarcerated, the court ordered him to be produced telephonically from prison in order that he could participate in all proceedings, including the permanency hearings. Upon consent, the court issued an order of disposition placing the child with the Commissioner of ACS on September 7, 2004.

Published on: October 29, 2014

by Stephen Bilkis

Though it is true that parents are legally responsible for their children’s actions, it is a fact that kids will make their own decisions in the heat of the moment, and not all of those decisions will be well thought out. All kids make mistakes, no matter how well they have been parented. For this reason, our legal system finds it easier to show compassion for first time offenses when a teenager is involved, according to a New York Family Lawyer.   As a society, we tend to give young people the benefit of the doubt, brushing off first time offenses like possession of alcohol. The New York Family Lawyer reports that in the case of alcohol, leniency may only exacerbate the problem. If children get off the first time, they will often repeat their behavior again later, and when alcohol and automobiles are involved, the combination can be deadly.   A new proposal is in the works for cities such as Boulder. This new proposition would punish for first time offenses, but would then effectively seal the arrest records so that their offense would not be visible on their permanent record. This would make it easier for them to get a job in the future, and they would still get the effects of a more stringent punishment for their first offense, in hopes that it would deter them from future offenses.   Underage drinking has the potential to destroy families and lives. It is imperative that we teach our children not to make these mistakes the first time. But if they do make a mistake, if their first offense is followed by punishment rather than a slap on the wrist, it is likely that they won’t choose to repeat it.   Families in Nassau and Suffolk Counties in crisis need stable support and a strong, knowledgeable hand to guide them.

if your family comes under scrutiny or if life changing events occur, call a New York Family Attorney for the guiding hand that will help you. A New York Family Attorney has the expertise and experience to point you in the right direction.