E.V. v R.V.
NY Slip Op. 05994
August 2, 2017
May 25, 2017
The parties, in this case, were domestic partners. After 2005, they decided to have children. K.H. would carry the children and become pregnant via a sperm donor. The parties separated in 2011.
In October of 2017, the Administration of Child Services (ACS) filed an Article 10 proceeding on behalf of the child Donnisha, against the paternal grandmother and uncle.
A petition for neglect states that Ms. PW (grandmother), and Mr. S (uncle), are responsible for the child’s care under Family Court Act (FCA 1012). The petition alleges that the defendants are failing to properly care for the child (neglect), and are inflicting corporal punishment.
The minor respondent Kenroy, 14 years old was arrested and charged with various adult crimes. Pursuant to a petition filed on 11/16, he admitted the offense of reckless endangerment in the second degree, which is classified as a misdemeanor. The court ordered an investigative report be done, which is called an I&R. This report recommended an adjournment in contemplation of a dismissal for 6 months with a referral to prosocial programs. The report concluded that the respondent was at a low risk for recidivism. The victim requested restitution.
The presentment agency’s position is that the least restrictive course of action should be taken on the condition that the respondent pays restitution for medical costs. The attorney for the minor argued that the family could not afford restitution.