New York Family Law Blog
An institution moved to request a decision without proceeding with regards to the child neglect proceeding. The institution requested the court to enter a finding of derivative neglect against the mother of the child based on the court’s prior finding of neglect as to her older child.
Consequently, a New York Family Lawyer said the attorney of the child filed an affirmation opposing the institution’s motion. The attorney stated that the mother had accepted services and did not exhibit an impaired level of parental decision as to create a substantial risk of harm to the infant. The mother’s attorney also filed responsive papers opposing the institution’s motion. For that reason, the court denies the institution’s motion.
Later, the institution filed a child abuse and neglect petition against the mother. Sources revealed that the petition claimed that the children are less than eighteen years of age whose physical, mental or emotional conditions have been impaired or are in imminent danger of becoming impaired as a result of the failure of their mother to exercise a minimum degree of care in supplying them with proper supervision or guardianship by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof, or by misusing a drug, and not voluntarily and regularly participating in a rehabilitative program, or by any other acts of a similarly serious nature requiring the aid of the court.
A New York Custody Lawyer said the court then sends back the children to the care and custody of the institution. The institution then placed the children in the kinship foster home of their maternal great cousin under the supervision of a contract foster care agency. The youngest received medical care for the burn injuries she had sustained.
As ordered, the court paroled the children to their maternal grandmother. The court also granted the mother liberal visitation with the children, directing her to remain engaged in services and comply with random drug testing.
Consequently, a Nassau County Custody Lawyer said the court paroled the children to their mother but under the institution’s supervision, on condition that she reside with her maternal grandmother, continue participation in a therapeutic parenting program at the foster care agency, engage in and attend therapy consistently, accept visiting nurse services, and cooperate with the institution’s supervision.
At the hearing, the court heard testimony from the institution’s caseworker and expert, from the mother and her expert. The court reviewed medical records related to the youngest child’s injuries and photographs of her burns. It was certain that the child sustained five second degree burns.
After the hearing, the court issued a decision which found that the mother left her children unsupervised in the living room, in close proximity to hazardous and dangerous conditions that she had created in the bathroom. The mother had plugged a curling iron into an outlet above the sink, placed the curling iron on top of the sink and left the cord dangling, and ran water for the children’s bath. The court held that the mother had failed to exercise a minimum degree of care in the proper supervision of the children, resulting in harm, and substantial risk of harm to her children, sufficient to support a finding of child neglect. The court, however, did not make a finding of child abuse against the mother.
The court also found that the mother failed to provide her child with adequate medical care. After finding the infant in the bathroom with second degree burns on her legs, the mother did not take her child to the hospital or a doctor for emergency medical care. The mother just treated her child’s burns herself. The court found that the mother’s failure to seek immediate emergency medical care for her child was placed the child at additional imminent risk of injury or impairment and with that, it constituted child neglect.
Consequently, a Nassau County Custody Lawyer said the court continued the parole of the children to their mother and directed her to comply with the institution’s supervision, keep all medical appointments for the children, and ensure that the eldest child will continue to receive early intervention services.
Whenever you did something wrong or you unintentionally act that caused harm to your child that pushed your partner to move to eliminate your custody rights, you can ask help from the Bronx County Child Custody Attorney. You can also seek legal representation from the Bronx County Family Lawyers. Simply visit Stephen Bilkis and Associates office for consultation.