Child Abuse & Neglect

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.

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

Court Discusses Custody of Allegedly Abused Child

by Stephen Bilkis

In related child abuse and neglect proceedings pursuant to Family Court Act article 10, the petitioner appeals from an order of the Family Court, Kings County, which, upon a decision of the same court, made after a fact-finding hearing, dismissed the petitions.

Article 10 of the Family Court Act defines an “abused child” as “a child under the age of 18 whose parent or other person legally responsible for the child’s care ‘commits, or allows to be committed, a sex offense against such child”, quoting Family Ct. Act § 1012[e][iii]. A prima facie case of child abuse or neglect may be established by evidence of an injury to a child which ordinarily would not occur absent an act or omission of the responsible caretaker.

Published on: September 26, 2014

Court Hears Combined Adoption and Visitation Proceeding

by Stephen Bilkis

A New York Family Lawyer said in this combined adoption and visitation proceeding, the mother is seeking to have her son, adopted by her new husband. The father of the child however opposes the adoption and visitation request. The guardian of the child also opposes the mother’s petition and requests for forensic evaluation of the parties and the child.

This matter stemmed from the situation where the complainant mother and the father of the child never married or lived together.

A New York Divorce Lawyer said the mother of the child testified that she knew that the father of the child was married when she first met him, even if he told her that the marriage was over. The mother testified that after the father’s family arrived, their relationship ended, even if the father of the child continued to call her to discuss the child during the months that followed.

Published on: August 2, 2013

Father Appeals Child Support Order

by Stephen Bilkis

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County, dated November 4, 1999, which, in effect, confirmed a determination of the same court, dated September 13, 1999, that he had willfully failed to obey an order of the same court, dated December 9, 1996, and thereupon committed him to a term of incarceration of 120 days, unless he purged himself of his contempt by paying the sum of $10,000 towards arrears of child support.

A New York Family Lawyer said that, pursuant to an order of the Family Court, Suffolk County, dated December 9, 1996, the appellant was obligated to pay $576 per month in child support. The appellant allegedly has not made any payment under that order, and the Commissioner of Social Services filed a violation of child support order petition. A hearing was conducted on September 13, 1999, although the appellant was not represented by counsel and was not advised of his right to have counsel present. A Suffolk Family Lawyer said that, the Hearing Examiner found the appellant guilty of a willful violation of the support order, and on November 4, 1999, the Family Court denied his objections, confirmed the Hearing Officer’s findings, and committed the appellant to a term of incarceration. A Suffolk Child Support Lawyer said that, the appellant contends that he was not properly notified of his right to counsel and therefore his consent to go forward at the hearing was not given knowingly, intelligently, and voluntarily.

The issue in this case is whether court erred in citing the father in contempt for not paying the ordered child support.

Published on: October 10, 2012

Court Rules on Child Neglect Case

by Stephen Bilkis

This is an application for guardianship of a child pursuant to the provisions that are set up under the Social Services Law. The petitioner and appellant of the case is Graham Windham. The respondent of the case is Deborah K. This case is being heard in the Supreme Court, Appellate Division, First Department.

Case Background

A New York Family Lawyer said the child in this case is Shantal who was born on the 26th of November, 1970. In December of 1970 Shantal was placed with the Agency voluntarily as the mother had no home for the child to live in. Shantal was placed with a foster family until April of 1971. Shantal was returned to her mother at this time.

Published on: November 8, 2011

Baseball Star DUI while Young Son in the Vehicle

by Stephen Bilkis

Dwight Gooden, 46 and a former Mets and Yankee star, was recently sentenced to five years of probation for driving under the influence while taking his young son to school. He had cocaine and sleeping pills in his system.

Gooden faced three years in prison due to an earlier plea agreement, but a Superior Court judge said the defendant deserved another chance to eradicate his addiction. New York Family Attorneys report that the judge referred to Gooden as a decent guy with a good shot at “finishing the game.” He said that the National Cy Young Award winner of 1985 should think of himself as a fourth-inning pitcher being hammered by the batters of the opposing team. His coaches are considering taking him out of the game. In this analogy, the judge was saying that being removed from the game would result in ruining his legacy, embarrassing and possibly alienating his children, missing a significant portion of their childhood, or even death. And it’s up to Gooden to decide if he wants to play with the attitude of staying in the game.

The prosecutor tried to sway the judge’s decision by citing Gooden’s history. The former MLB player has a slew of failed treatments under his belt. The prosecuting attorney insisted that the former baseball star should have to serve time in prison because he didn’t deserve or qualify for special probation.