A New York Family Lawyer said that, on May 30, 2006, the Administration for Children’s Services (ACS) filed a motion pursuant to Family Court Act § 1039-b for entry of an order that finds that reasonable efforts to return the subject child to respondent mother are not required, because the court had entered a finding of severe abuse and aggravated circumstances as defined in Family Court Act § 1012 (j). The respondent requested various adjournments to respond to the motion. On September 23, 2006, respondent mother submitted opposition papers requesting a hearing on the motion. The law guardian supported ACS’s motion without submitting papers. The court heard oral argument on the motion on October 2, 2006, where ACS urged this court to grant its motion without a hearing. The court subsequently scheduled the motion for a hearing, with its analysis incorporated in this written decision.
A New York Child Custody Lawyer said that, ACS filed a petition, alleging that the subject child is an abused child, and that is a derivatively abused/neglected child, pursuant to Family Court Act § 1012. On February 22, 2006, with leave of this court, ACS filed an amended petition against both respondents, alleging that the subject child is an abused child, as defined by Family Court Act § 1012 (e), and is severely abused by his mother, pursuant to Social Services Law § 384-b (8) (a) (i). The amended petition further alleges that as a result of the severe abuse of the subject child, his two-year-old half-sibling, is derivatively severely abused by her parents, respondent mother and respondent father. The amended petition alleges that four-year-old child suffered multiple serious injuries, including a bone-deep laceration to his chin, multiple bruises, burns and marks about his body, all of which respondents failed to seek timely medical attention for.
A Kings Order of Protection Lawyer said that, the respondent mother pleaded guilty in Kings County Supreme Court to a violation of Penal Law § 120.25, reckless endangerment in the first degree, with respect to failing to seek prompt medical treatment for the subject child’s injuries for the two-month period from March 6 to May 6 of 2005, and to a violation of Penal Law § 260.10, endangering the welfare of a child. William’s stepfather, a person legally responsible for him, also pleaded guilty to a violation of Penal Law § 120.25, reckless endangerment in the first degree, and violation of Penal Law § 260.10, endangering the welfare of a child.