Articles Posted in Child Abuse & Neglect

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In custody issues involving multiple states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs jurisdictional determinations. The UCCJEA establishes guidelines for determining which state’s court has jurisdiction over the custody matter. Typically, the “home state” where the child has lived for a significant period holds jurisdiction. If a court determines that another state has jurisdiction, it may defer to that state’s authority. The goal is to promote consistency and avoid conflicting custody orders between states, ensuring the child’s best interests are prioritized across jurisdictions.

Background Facts

Chester HH. and Angela GG. share joint legal custody of their child, with Angela having sole physical custody in Michigan. However, a significant event occurred when Chester, residing in New York, brought the child to his home for a visit. During this time, troubling allegations emerged, suggesting neglect and abuse while the child was under Angela’s care in Michigan.

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Neglect, as defined under Article 10 of the Family Court Act, refers to a failure to provide proper care for a child. This can include a lack of food, clothing, shelter, medical care, education, or supervision necessary for the child’s well-being. Neglect can also involve exposing a child to conditions or environments that may harm their physical, mental, or emotional health.

In determining neglect, the court considers whether a parent or guardian’s actions or omissions have caused, or are likely to cause, harm to the child’s physical, mental, or emotional health. It’s not just about intentional harm but also about a failure to provide necessary care or protection.

The standard for neglect is based on what a reasonable and prudent parent would do in similar circumstances. It’s not about perfection, but rather about meeting the basic needs of the child and ensuring their safety and well-being.

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Article 10 of the Family Court Act in New York addresses issues related to child abuse and neglect, including the use of corporal punishment. Corporal punishment, defined as the use of physical force against a child for the purpose of discipline, is a contentious issue.

Under Article 10, the definition of neglect includes instances where a child’s physical, mental, or emotional well-being is impaired or at risk due to the failure of a parent or caretaker to exercise proper care and supervision. This broad definition encompasses various forms of maltreatment, including corporal punishment that exceeds what is considered reasonable discipline.

While the law recognizes a parent’s right to discipline their child, it also imposes limitations to prevent abuse. Excessive or severe corporal punishment that results in physical harm or emotional trauma may constitute neglect under Article 10. The threshold for determining what constitutes excessive punishment is based on the minimum degree of care expected from a parent or caregiver.

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Terminating parental rights in New York means legally severing the relationship between a parent and their child. This action is taken when it’s determined that the parent is unable or unwilling to provide a safe and stable environment for the child. Once parental rights are terminated, the parent no longer has any legal rights or responsibilities regarding the child, including custody, visitation, or decision-making. The child is then placed under the care and supervision of a government agency, typically with the goal of finding a permanent and stable home through adoption. Terminating parental rights is a significant legal step taken to ensure the well-being and safety of the child when it’s deemed that maintaining the parent-child relationship is not in the child’s best interests.

Background Facts

Y. SS. was removed from her mother’s custody in September 2020 after the Department filed a petition alleging abuse and neglect. The specific reasons for removal were related to concerns about the mother’s ability to provide a safe and stable environment for the child. The court intervened to ensure the child’s welfare and initiated legal proceedings to address the situation. Both the Department and the mother were represented in subsequent hearings, where evidence was presented and arguments were made regarding the child’s best interests. The involvement of attorneys and social workers underscored the seriousness of the situation and the need for a thorough legal process to determine the appropriate course of action for the child’s future.

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In the context of the Family Court Act Article 10, neglect refers to the failure of a caregiver, typically a parent or guardian, to provide adequate care, supervision, or support for a child’s well-being. This includes the failure to provide essential needs such as food, clothing, shelter, medical care, education, and emotional support. Neglect can manifest in various ways, ranging from physical absence or abandonment to emotional neglect or failure to protect a child from harm or danger. The goal of Article 10 proceedings is to ensure the safety and welfare of children by addressing situations where neglect or maltreatment has occurred or is suspected.

In a recent legal case involving allegations of neglect against two respondents, the court was tasked with determining whether the child in question was indeed neglected as defined by Family Court Act Article 10. The case, which proceeded to a fact-finding hearing, involved the Orange County Department of Social Services (DSS) as the petitioner and two respondents, referred to as J.R. and M.O.

Background Facts

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The case of Christopher D.S. v. Richard E.S. involves a father’s appeal from a decision terminating his parental rights with respect to five children. The father challenges the denial of his recusal request and asserts a violation of due process regarding diligent efforts for reunification.

In New York, terminating parental rights is governed by Social Services Law § 384–b, a statute designed to protect the welfare of children when parental relationships become untenable. The law outlines a meticulous process to safeguard the best interests of the child before such a severe measure is taken. A termination proceeding under § 384–b typically arises in cases of parental neglect, abuse, or other circumstances jeopardizing the child’s well-being.

Before initiating termination proceedings, the petitioner, often a child protective agency or the Department of Social Services, must establish grounds for termination, such as abandonment, chronic abuse, or substantial neglect. The court conducts a thorough examination, considering the child’s safety and best interests paramount.

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When a New York court issues a custody order that is not deemed a temporary custody order, the order is considered final. The court wants children to have stability.  The court, however, will modify a custody order if the situation warrants. For example, if a child is over 12 years old and wants to live with the other parent, that might warrant a modification. If a parent becomes abusive or develops a substance abuse issue, the court would view that as a reason to modify the custody arrangement.  Another grounds for modifying custody would be one parent interfering with the other parent’s access to the child. There must be a change in circumstances such that modifying the custody order would be in the best interests of the child.

In Katie S. v. Christopher K., the New York Family Court was asked to determine whether there were changed circumstances such that a change in custody was warranted.

Background

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In Y.Y.W. v. Z.G., the mother filed a petition seeking to modify two prior final orders, which denied her custody of her two sons and also prohibited visitation. The orders gave the father full legal and physical custody of the subject children.

Background

In 2016, Hon. Ilana Gruebel found clear and convincing evidence that the mother had severely abused, abused and neglected the older son and consequently derivatively severely abused, abused and neglected the younger son, with whom she was pregnant at the time. The older son was brought to the hospital and was found to have suffered severe injuries from abuse. There were 49 bruises on his body and puncture wounds on his face. As a result of the abuse, he suffered permanent injuries including inability to breathe on his own, inability to eat on his own, complete immobility, and loss of sight.

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In a child protective proceeding, the Appellate Division considered whether the mother had taken sufficient steps to be reunified with her children.

In New York , if there is evidence that a parent has abused or neglected his (or her) child, the Administration for Children’s Services (ACS) has the authority to remove the child.  Even though there was a finding of neglect, the ultimate goal is always to reunify the child with his or her parent or parents.  Typically this does not happen quickly.  Instead, there is a process that can take many months, involving a of steps.

There are instances when reunification is not possible or is not in the best interests of the child.  In such cases, the parents will permanently lose their parental rights and the children will be eligible for adoption.  One way for a parent to permanently lose his (or her) parental rights is abandonment.  If a parent has lost communication with the child for at least six months, then the ACS can file a petition to terminate parental rights.  In instances where the child has been removed due to allegations of neglect and the parent did not follow through with steps to address the issues that led to the removal for more than one year after your children entered foster care, then the ACS can file a petition to terminate parental rights.  Another reason that a parent may permanently lose parental rights is due to mental illness, mental retardation, or severe and repeated abuse.

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In this case the Appellate Division considered whether the lower court properly concluded that the permanency goal in a child protective proceeding was to be placement for adoption instead of reunification with the mother.

When a child is removed from the care of his (or her) parents due to findings of neglect, the goal is for the agency to find a permanent solution for the child so that the child can move forward in a stable, healthy environment.  Ideally that would mean that the child is reunified with one or both of his parents.  The agency would create a service plan for the parent that would offer resources to help the parent address issues that led to the finding of neglect and removal of the child.  For example, if, as in Nevaeh, the parent was addicted to alcohol or drugs, the agency would offer the parent resources such as treatment options and counseling.  The plan would also provide programs that would help the parent with parenting skills.  Typically, the agency would also work with the parent to set up a visitation schedule so that the parent had regular contact with the child.

The progress that the parent makes with the service plan would determine what the agency recommends as the permanency goal for the child. A parent who does not actively participate in the program or who does not show progress is less likely to be reunified with his child.  Instead, the agency may conclude that working toward reunification with the parent is not in the best interests of the child.  The agency would then consider another permanency goal such as placement with a relative or adoption.  While the parent is given a significant amount of time to work on making improvements in order to regain custody of the child, at some point the agency must make a final decision as to whether reunification is possible.

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