Child Protection (Abuse and Neglect)

In New York State, the Family Court Act (“FCA”), specifically Article Ten and Social Service Law define child abuse and neglect.  These sections of the statute establish procedures to provide “due process of law” in determining when the state may intervene against the wishes of parent on behalf of a child so that his needs are properly met.  See FCA Section 1011.

In the state of New York,  a child abuse or neglect case is initiated when a report is made to the Statewide Central Registry suspecting some form child maltreatment.  By law a Child Protective Caseworker is assigned to investigate the allegations of the report.  In some cases, a child protective investigation results in an “indicated” case, and the child protective agency may initiate legal proceedings by filing an Article Ten petition. 

If a child has been “remanded” into foster care and/or kinship care, and the custodial parent is denied parental responsibility by the courts.  He or she has the right to ask the court for an immediate hearing to determine the  “imminent risk” to the child if the child should be returned home to the parent. This hearing must be strategically considered by an attorney with significant experience that can assess when such a hearing should be sought.

A non-custodial parent that may live outside of New York State, but within the United States, whose child is in foster care, must have an experienced attorney to advocate effectively to the issues raised by the Interstate Compact on the Placement of Children (“ICPC”) , in an effort to gain custody of their children from the grasp of foster care.

Generally, when the courts are presiding over a Child Protection case, the family court judge will determine visitation between the accused parent and/or non-accused parent, and if such visitation should be unsupervised, supervised, or suspended.  In addition, the family court judge will determine what services are necessary for the parent and child to reduce the risk to a child’s welfare.  Ultimately, the family court judge determines throughout the proceeding whether or not a parent represents a risk to the child or the other parent that warrants the state the continue its intervention.  

This firm has significant experience in FCA Article Ten, child welfare cases of abuse and neglect, and can provide you with skilled representation in advocating for your rights and the “best interests of the child.  As a former agency attorney for the City of New York’s Child Protective Services, I represented the agency in over 1500 various child welfare proceedings, litigated more than 100 trials, and mediated many cases for an alternative resolution.  As a result, I gained significant insight into advocating for the “best interests” of the child, and dedicated the work of this firm to seek reform, in both government policy and law. 

Contact this firm today, if you need an immediate consultation, call our office at 646.792.2186, or clink the link below to email us.