The New York Family Court Act defines child neglect as a parent’s act — or failure to act — that results in emotional harm, serious physical harm, sexual abuse, exploitation, or death of a child under the age of 18. It could also mean failure to exercise a minimum degree of care for the child.
Cases that involve individuals charged with driving under the influence or driving without a license can also become the basis of neglect proceedings.
There are many types of neglect as well: educational neglect, medical neglect, and neglect in the responsibility to protect the health and safety of minor children.
The Child Neglect Reporting Process
In New York, every child neglect case is investigated by the Department of Social Services or New York’s Administration for Children’s Service (ACS). Note that the agency operates under a command to actively investigate reports of abuse, with the goal to ensure the safety of the child.
When they find evidence of neglect, the agency will petition the court for help with protecting the child. The Family Court of New York handles the child neglect proceeding.
A fact-finding hearing will then determine whether the child has been neglected. The agency presents its case, and the respondent — you — can challenge the evidence and present your own case.
If the judge sees that the agency did not sufficiently prove the allegations, the court may dismiss the case, and your child may be returned to you. If not, there will be a dispositional hearing to determine what should happen to the child.
Olivier E. Roche, Esq. for Child Neglect Cases
With deep knowledge on family law matters, I have approached the complicated areas of child neglect from many different angles.
Should you or a loved one find problems regarding neglect, call Olivier E. Roche, Esq. immediately.
I offer a free 15-minute consultation.
