Child Abuse & Neglect

Published on: October 2, 2024

Appellate Division found that injuries are not required to meet criminal definition of serious physical injury to be considered child abuse. Admin. for Children’s Servs. v. Ferida B. (In re Jonah B.), 85 N.Y.S.3d 505 (N.Y. App. Div. 2018)

by Stephen Bilkis

This case involved three related child abuse and neglect proceedings under the Family Court Act, Article 10, in Queens County, New York. The Administration for Children’s Services (ACS) filed allegations against the parents and maternal grandmother of a child named Talia. The Family Court, after a fact-finding hearing, dismissed allegations of abuse and derivative abuse. ACS and the children appealed, arguing that the court erred in not finding abuse.

Background Facts

In April 2014, ACS began two child abuse and neglect proceedings against the mother, father, maternal grandmother, and paternal grandmother. The allegations centered on the care of the child Talia, who was four months old at the time. Talia was taken to the hospital on April 7, 2014, where doctors diagnosed her with multiple injuries, including rib fractures, fractures in both legs, and a fracture in her right arm. The injuries occurred between her birth on December 5, 2013, and April 7, 2014. ACS claimed these injuries were not accidental and were inflicted while Talia was in the care of her parents and grandmothers. ACS also argued that Jonah, Talia’s sibling, was derivatively abused.

Published on: October 1, 2024

Mother found to have abused child, even though multiple caregivers were present around the time of the injuries. Admin. for Children’s Servs. v. Allison B. (In re Dall. P.), 185 A.D.3d 589 (N.Y. App. Div. 2020)

by Stephen Bilkis

When it comes to abuse of children, the courts look at not only the person who was accursed of inflicting the abuse, but also any individuals who were caring for the child around the time that the abuse occurred. Admin. for Children’s Servs. v. Allison B. (In re Dall. P.), 185 A.D.3d 589 (N.Y. App. Div. 2020) involved serious injuries to a two-year-old child and raised questions about the responsibilities and actions of caregivers. The court had to determine whether the mother could be held responsible for her child’s injuries based on the evidence presented during the fact-finding hearing.

Background Facts

The case began when the mother and her boyfriend brought the mother’s two-year-old son, Dallas P., to Jamaica Hospital on August 22, 2015. Dallas had a ruptured bowel that required emergency surgery. The Administration for Children’s Services (ACS) initiated legal proceedings under Family Court Act Article 10, alleging that the mother had abused the child. During the fact-finding hearing, the court heard from several witnesses, including medical professionals. Dr. Edmond Kessler, the treating pediatric surgeon, testified that faint bruises were observed on the child and that the only reasonable explanation for the injury was a single, high-velocity traumatic event. Dr. Kessler also indicated that the injury occurred within 6 to 24 hours before Dallas was admitted to the hospital.

Published on: September 6, 2024

Father found to have neglected his children due to them witnessing his abuse of their mother. In re Jayline J., 156 A.D.3d 701, 64 N.Y.S.3d 916 (N.Y. App. Div. 2017)

by Stephen Bilkis

Domestic violence cases commonly involve violence between intimate partners, with one partner assaulting the other. While one victim is always the person who has been directly physically abused, other victims can include any children who witness the abuse. In the case of In re Jayline J., 156 A.D.3d 701, 64 N.Y.S.3d 916 (N.Y. App. Div. 2017), the Administration for Children’s Services (ACS) initiated a neglect proceeding in Family Court, Queens County, against a father, alleging that he had neglected his child by exposing her to domestic violence. After a fact-finding hearing, the court ruled that the father had indeed neglected the child. The father appealed the ruling, disputing the findings. This case presents an examination of the standard for proving neglect under New York law and how domestic violence can impact a child’s well-being.

Background Facts

In March 2015, ACS brought an action against the father, accusing him of neglect. According to the allegations, the father subjected the child’s mother to domestic violence in the presence of the child. Under New York law, exposing a child to domestic violence can constitute neglect if it leads to harm or imminent risk of harm to the child’s physical, mental, or emotional condition.

Published on: July 3, 2024

In re Isabela P. (Anonymous) No. 2020-01085 (N.Y. App. Div. Jun. 9, 2021)

by Stephen Bilkis

A determination of neglect signifies a legal finding that a parent or caretaker has failed to provide adequate care, supervision, or guardianship for a child. It means that the court has concluded, based on the evidence presented, that the child’s physical, mental, or emotional well-being has been impaired or is at risk of impairment due to the parent or caretaker’s actions or omissions. This determination is typically made after a thorough assessment of the circumstances surrounding the child’s care and any evidence of harm or potential harm to the child.

This case revolves around a father’s appeal from an order of disposition issued by the Family Court, Queens County, dated September 4, 2019. The order, made after a fact-finding and dispositional hearing, found that the father neglected the subject child and released the child to the custody of the nonrespondent mother. The father contests this decision, prompting an appeal.

Background Facts

Published on: June 19, 2024

Finding of sexual abuse by father supported by evidence; requirement of supervised visits upheld. Admin. for Children’s Servs. v. Victor P. (In re Victoria P.), 2014 N.Y. Slip Op. 7169 (N.Y. App. Div. 2014)

by Stephen Bilkis

Supervised visitation visits refer to a type of visitation where a third party, such as a social worker or designated family member, is present during the parent’s time with the child. This is done to ensure the child’s safety and well-being while maintaining a controlled environment for the parent-child interaction. The supervising party observes the visits to ensure no inappropriate behavior occurs, and the visits are typically held in a neutral location. In the case of Admin. for Children’s Servs. v. Victor P. (In re Victoria P.), 2014 N.Y. Slip Op. 7169 (N.Y. App. Div. 2014) the father, Victor P., appealed a Family Court decision requiring him to complete a sex offender treatment program and limiting his visitation rights to supervised visits with his children, based on findings of sexual abuse and derivative neglect.

Background Facts

This case stemmed from allegations of sexual abuse against Victor P., the father of Elizabeth P. During a fact-finding hearing, the court found that Victor P. had abused Elizabeth P. and derivatively neglected his other children: Victoria P., Wilma P., and Ivan G. Following these findings, the court issued a dispositional order requiring Victor P. to complete a sex offender treatment program and limited his visitation with his children to supervised visits, at the discretion of the Administration for Children’s Services (ACS).

Published on: June 5, 2024

Court considered the validity of the restrictions imposed on the father’s parental access to his children. In re Fatuma I., 2022 N.Y. Slip Op. 7234 (N.Y. App. Div. 2022)

by Stephen Bilkis

In In re Fatuma I., 2022 N.Y. Slip Op. 7234 (N.Y. App. Div. 2022), the father appeals from an order dated January 13, 2022, which imposed restrictions on his parental access to his children. The court directed that the father could only have supervised access and prohibited him from being alone with the children or staying overnight in their home.

Background Facts

The subject children were removed from their parents’ care in 2015 due to allegations of sexual abuse and derivative abuse. Derivative abuse refers to a situation where a child has been subjected to abuse or neglect as a result of being in the care of someone who has abused or neglected them indirectly. For example, if a child is exposed to domestic violence between their parents or caregivers, even if they are not the direct target of the abuse, they may still suffer emotional or psychological harm, which is considered derivative abuse. Similarly, if a child witnesses substance abuse or other harmful behaviors by a caregiver, it can have detrimental effects on their well-being, constituting derivative abuse. Essentially, it involves harm suffered by a child due to the actions or behaviors of those responsible for their care, even if the abuse or neglect is not directly inflicted upon the child themselves.

Published on: December 26, 2023

Family Court considered a custody case involving multiple states. Chester HH. v. Angela GG., 2023 N.Y. Slip Op. 23204 (N.Y. Fam. Ct. 2023)

by Stephen Bilkis

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.

Published on: December 20, 2023

In re Aisha R., 2023 N.Y. Slip Op. 23174 (N.Y. Fam. Ct. 2023)

by Stephen Bilkis

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.

Published on: December 18, 2023

Court considered whether a father abused his children by using corporal punishment. In re Loudemya SJ, 2023 N.Y. Slip Op. 51040 (N.Y. Fam. Ct. 2023)

by Stephen Bilkis

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.

Published on: December 13, 2023

Court decided that it was in the best interests of the child to terminate parental rights. In re of a Proceeding Under Article 10 of the Family Court Act Y. SS., 2023 N.Y. Slip Op. 50968 (N.Y. Fam. Ct. 2023)

by Stephen Bilkis

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.