Child Abuse & Neglect

Published on: December 6, 2023

DSS failed to support a claim of neglect. In re Jeremyah P., 2023 N.Y. Slip Op. 50765 (N.Y. Fam. Ct. 2023)

by Stephen Bilkis

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

Published on: August 14, 2023

No due process violation found and order terminating parental rights of father upheld. Christopher D.S. v. Richard E.S., 136 A.D.3d 1285 (N.Y. App. Div. 2016)

by Stephen Bilkis

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.

Published on: November 9, 2022

Parent who attended to the educational, medical, and emotional needs of the child awarded sole custody. Katie S. v. Christopher K., 2021 N.Y. Slip Op. 51145 (N.Y. Fam. Ct. 2021)

by Stephen Bilkis

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

Published on: October 19, 2022

Should an incarcerated mother who severely abused her children be permitted visitation? Y.Y.W. v. Z.G., 2022 N.Y. Slip Op. 50071 (N.Y. Fam. Ct. 2022)

by Stephen Bilkis

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.

Published on: February 24, 2020

Finding of Permanent Neglect Warranted Where Mother Failed to Take Diligent Steps to Strengthen Parental Relationship – In re Lamani C.H., 2020 NY Slip Op 349 (N.Y. App. Div. 2020)

by Stephen Bilkis

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.

Published on: February 17, 2020

Court Did Not Err in Deciding to Seek Adoption Placement for Children of Mother Struggling With Substance Abuse – In re Nevaeh L., 2019 NY Slip Op 8329 (N.Y. App. Div. 2019)

by Stephen Bilkis

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.