Queens Child Abuse and Neglect Lawyer

Four month old Talia was brought to the hospital by her parents with several serious injuries: two rib fractures, fractures of her right and left femurs, and a fracture of the right humerus. These injuries were determined by the Administration of Children’s Services in Queens County to be “non-accidental”. See Admin. for Children's Servs. v. Ferida B. (In re Jonah B.), 85 N.Y.S.3d 505 (N.Y. App. Div. 2018). Baby Talia was in the care for her parents and grandparents at the time. Sadly, injuries to babies and children are far from uncommon in Queens. According county records, in 2022, Queens recorded about 11,057 investigations related to child abuse and neglect. Child abuse and neglect involve the mistreatment of children by parents, guardians, or others responsible for their care. The Queens County Family Court handles these cases and aims to protect children while balancing parental rights. Given the severity of child abuse and neglect cases and the risk to both parental rights and the well-being of the child, it is essential to immediately contact an experienced Queens child abuse and neglect lawyer.

Defining Child Abuse and Neglect in Queens

Child abuse involves inflicting physical injury or creating a substantial risk of serious harm, while child neglect refers to failing to provide basic needs like food, shelter, education, or medical care, placing the child at risk of harm. Both are defined under Family Court Act § 1012.

• Child Abuse: Under FCA § 1012, child abuse occurs when a parent, guardian, or another person legally responsible for the child causes or allows physical injury, sexual abuse, or creates an imminent risk of such harm. This harm can include various forms of maltreatment such as physical violence, sexual abuse, or exposure to dangerous environments. The law is designed to protect children by holding guardians accountable if they fail to prevent or directly contribute to such harmful situations.
  For example, in Admin. for Children's Servs. v. Allison B. (In re Dall. P.), 185 A.D.3d 589, 124 N.Y.S.3d 815, 2020 N.Y. Slip Op. 3664 (N.Y. App. Div. 2020), a mother was found to have abused her child by inflicting excessive corporal punishment. The court found that the injuries sustained by the child were severe enough to meet the threshold for child abuse under FCA § 1012. The court determined that the ruptured bowel, which required emergency surgery, was the result of a high-velocity traumatic event. Testimonies, including that of a treating pediatric surgeon, established that such an injury would not ordinarily occur without an act or omission by a caregiver. The evidence demonstrated that the mother, as a caretaker, had failed to protect the child from the excessive corporal punishment that led to the injury, fulfilling the requirements for a finding of child abuse under FCA § 1012.
• Child Neglect: Neglect occurs when a parent or guardian fails to provide adequate food, shelter, education, or medical care, or places the child in a situation that threatens their safety or well-being. For example, in Queens, a mother of two young children, ages 3 and 6, regularly leaves them alone in a cluttered apartment with no working refrigerator or sufficient food. The children often miss meals and go without necessary medical checkups. Despite their visibly poor health, the mother repeatedly refuses medical care, citing cost concerns. The children, who are underweight and suffer from untreated illnesses like asthma, are frequently absent from school due to chronic sickness. The authorities are alerted by a concerned neighbor, leading to an investigation by the Administration for Children's Services (ACS), who intervene to ensure the children's immediate safety and provide necessary care.
  Note that neglect does not have to involve failing to provide necessities such as food, shelter, education, and medical care. It can also involve exposing the child to harmful situations. For example, in In re Jayline J., 156 A.D.3d 701 (N.Y. App. Div. 2017), the father lost custody of his child due to exposing her to repeated incidents of domestic violence. In In re Jayline J., the court found that the father, in the presence of the child, engaged in aggressive and violent behavior toward the child’s mother, including physical assaults and verbal threats. The court determined that these actions placed the child at imminent risk of emotional harm, supporting a finding of neglect.

Filing a Child Abuse or Neglect Case

Cases involving child abuse or neglect are handled in Queens by the:

Queens County Family Court
151-20 Jamaica Avenue
Jamaica, NY 11432
Phone: (718) 298-0197

In these cases, Child Protective Services (CPS) or another agency may file a petition against the parent or guardian, alleging that the child is at risk of harm. A neglect or abuse petition is then brought before the Family Court, which will hold hearings to determine whether the allegations are true and whether the child requires protection. The court may issue temporary orders to remove the child from the home or impose supervised visits, depending on the severity of the situation.

Contacting an experienced Queens child abuse and neglect lawyer can help navigate the complexities of this process, ensuring that your rights and the best interests of the child are protected.

Legal Procedures in Child Abuse and Neglect Cases

A child abuse and neglected cases are typically initiated by a tip from a family member, friend, or neighbor. In some cases accusations of abuse or neglect are raised during child custody battles. In addition, there are individuals who are referred to as “mandatory reporters” under Social Services Law (SSL) § 413. This means that certain professionals, like doctors, teachers, social workers, and law enforcement officers, are legally required to report cases of suspected child abuse or neglect when they have reasonable cause to believe that a child is being harmed.

Child abuse and neglect cases are initiated by CPS, which investigates reports of suspected abuse or neglect. CPS may visit the home, interview the child and family members, and gather evidence before deciding whether to file a petition. Once a petition is filed, the following steps typically occur:

Initial Hearing. The Family Court holds an initial hearing to determine whether the child should be removed from the home while the case is ongoing. The court may grant:

• Temporary removal: The child is placed in foster care or with a relative while the case proceeds.
• Supervised visitation: The parent or guardian may be allowed to see the child under supervision if the risk is deemed manageable.

At this stage, it is important to have an experienced Queens child abuse and neglect lawyer to advocate on your behalf and present evidence to the court.

Fact-Finding Hearing. A fact-finding hearing is held to determine whether the abuse or neglect allegations are substantiated. Both sides present evidence, including testimony from CPS, medical professionals, and witnesses. The court evaluates the evidence to decide whether the allegations are true. If the court finds that abuse or neglect has occurred, it will move to the dispositional phase.

Dispositional Hearing. During the dispositional hearing, the court decides what actions to take to protect the child and ensure their welfare. Possible outcomes include:

• Supervision: The court orders the family to be monitored by CPS while the child remains in the home.
• Foster care placement: The child may be placed in foster care if it is determined that the home environment is unsafe.
• Services: The court may order the parents to participate in counseling, parenting classes, or substance abuse treatment to address the underlying issues.

Being accused of child abuse or neglect can be a frightening and overwhelming experience for any parent. The thought of losing custody of a child brings immense emotional distress, as the bond between parent and child is central to family life. It's important to remember that not every claim of abuse or neglect is accurate, and misunderstandings or unfounded accusations can occur. An experienced Queens child abuse and neglect lawyer can guide you through the legal process, help you understand your options, and advocate for an outcome that safeguards your family’s rights and interests.

Consequences of a Finding of Child Abuse or Neglect. A finding of child abuse or neglect can have serious consequences, including:

• Loss of custody: The child may be removed from the home and placed in foster care or with a relative.
• Supervised visits: Parents may only be allowed to visit the child under supervision.
• Criminal charges: In some cases, child abuse or neglect can result in criminal charges against the parent or guardian, leading to potential imprisonment.

Appeals and Modifications. If you disagree with the court’s decision, you have the right to appeal. The appeal process involves filing a notice of appeal with the Family Court and presenting arguments before an appellate court. Additionally, if circumstances change after the court’s initial ruling, you can petition for a modification of the court’s order. For example, if a parent completes court-ordered counseling or substance abuse treatment, they may petition the court to regain custody or seek unsupervised visitation.

Appealing or modifying a court order requires a thorough understanding of the legal process. An experienced child abuse and neglect attorney serving Queens can guide you through these steps and advocate for your rights.

Contact Stephen Bilkis & Associates

Child abuse and neglect cases are complex and sensitive matters that require careful handling by the courts. If you are facing allegations of child abuse or neglect, or if you believe a child is in danger, it is vital to seek legal assistance. The experienced child abuse and neglect attorneys serving Queens at Stephen Bilkis & Associates can help ensure that your rights are protected and that the best possible outcome is achieved. Legal representation is important in navigating the complexities of these cases, from filing petitions to appeals and modifications. Contact us today at 800.696.9529 to schedule a free, no-obligation consultation regarding your child abuse and neglect case.

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