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Court Decides Child Neglect Matter


An institution moved to request a decision without a hearing for a child neglect matter. The complainant 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 the offender’s older children.

A New York Family Lawyer said that in support of the motion, the complainant stated that the derivative neglect appeal was filed in close proximity to the finding of the recent child neglect issue and the condition of the mother’s faulty parenting continued to exist.

Subsequently, the child’s attorney stated that the mother had accepted services and did not exhibit such an impaired level of parental decision as to create a substantial risk of harm to the child, and therefore, the complainant had not met its argument for derivative neglect.

The mother’s attorney then filed responsive papers opposing the complainant’s motion stating that the complainant had not shown a continuing course of conduct by the mother so proximate in time to the prior neglect finding to warrant entry of a finding of derivative neglect as to the child.

A New York Custody Lawyer said that in a previous matter, it is alleged that the mother’s two older 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, or by misusing a drug or drugs, 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 within the purview of the law.

A Nassau County Family Lawyer said the court subsequently remanded 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 other child received medical care for the burn injuries she had sustained, and her mother accepted the services offered by the institution. By order, the court paroled the children to their maternal grandmother, under the supervision of the institution. The court also granted the mother with liberal visitation with the children, directing her to remain engaged in services and comply with random drug testing.

Later, the court paroled the children to her mother, under the institution’s supervision, on condition that the mother will reside with the 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.

Subsequently, the institution again filed an order to show cause seeking the removal of all three children from the care of their mother, alleging that she had failed to provide adequate medical care for her first child, who was hospitalized for the treatment of severe eczema and cellulitis, and for the youngest, who was admitted to the hospital as a result of being markedly underweight and diagnosed as failure to thrive. After a hearing, the court found that the institution did not present any evidence of imminent risk as to the child youngest child. The court then continued the parole of the two older children to their mother under the institution supervision.

Further, a Nassau County Custody Lawyer said the court continued the parole of the two older 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 first child continued to receive early intervention services. As a result, the court denies the institution’s motion for decision without a hearing.

It is important that children receive or provided with appropriate guidance, love and care. It will help them to be good individuals. If you encountered problem with regards your child’s guardianship, you can seek help from the Suffolk County Child Custody Attorney or Suffolk County Family Lawyer. You can also ask guidance from the Suffolk County Visitation Lawyer at Stephen Bilkis and Associates.

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