Pannell Law Group, P.C.
Child Abuse and Neglect Lawyer in Family Court
When Child Protective Services (CPS) or the Administration for Children’s Services (ACS) becomes involved with your family, the situation can move quickly. A finding of abuse or neglect may affect custody rights, visitation, housing, and family relationships.
What Is Child Abuse or Neglect?
Under Article 10 of the New York Family Court Act, a child protective case may involve allegations that a child was abused or neglected by a parent or another person legally responsible for the child.
Neglect allegations may involve:
- Inadequate supervision
- Unsafe living conditions
- Untreated medical needs
- Domestic violence exposure
- Substance abuse
- Failure to provide necessary care
Abuse allegations may involve:
- Serious physical injury
- Sexual abuse
- Conduct creating a substantial risk of serious harm
Each case depends on its specific facts. An allegation is not the same as a court finding.
How a New York Family Court Case Begins
A proceeding generally begins when a child protective agency files a Family Court petition under Article 10 of the Family Court Act. The petition identifies the allegations and asks the court to issue orders concerning the child’s safety and care.
Depending on the county, the agency may be known as Child Protective Services, CPS, ACS, or another local child welfare agency.
Emergency Removal and Temporary Placement
New York Family Court Act § 1024 addresses certain emergency removals without a prior court order. The agency generally must begin a court proceeding promptly and bring the matter before the court.
Temporary removal proceedings may also involve:
- § 1022: Temporary removal before filing a petition
- § 1027: A hearing concerning temporary removal or placement
- § 1028: A parent’s request for the child’s return after removal
A parent may request a § 1028 hearing after a child has been removed. The court considers whether returning the child would create an imminent risk to the child’s life or health.
The Fact-Finding Hearing
The fact-finding hearing is the trial stage of an abuse or neglect case. The agency must prove the allegations in the petition by a preponderance of the evidence.
New York Family Court Act § 1046 contains important evidence rules that may apply, including rules involving statements made by children and other evidence concerning abuse or neglect.
Possible outcomes include:
- Dismissal of the petition
- A finding of abuse or neglect
- A negotiated settlement followed by disposition
The Dispositional Hearing
If the court makes a finding of abuse or neglect, the case may proceed to a dispositional hearing under Article 10. Under Family Court Act § 1052, possible dispositions may include:
- Returning the child to a parent
- Releasing the child with agency supervision
- Ordering services
- Suspending judgment with conditions
- Issuing an order of protection
- Placing the child with a relative or in foster care
Your Right to an Attorney
Parents and other eligible respondents may have the right to counsel in a Family Court child protective proceeding. If a person cannot afford an attorney, the court may appoint counsel. Children may also receive separate representation from an Attorney for the Child.
How a Child Abuse and Neglect Attorney Can Help
An attorney may help you:
- Review the petition and evidence
- Respond to emergency removal requests
- Request or oppose a § 1028 hearing
- Prepare for fact-finding
- Address orders of protection
- Negotiate service plans and visitation
- Present evidence and witnesses
- Prepare for disposition
- Seek the child’s return home when legally appropriate
Do not ignore a Family Court summons or temporary order.
Speak With a New York Family Court Attorney
If CPS or ACS is investigating your family, your child has been removed, or you have received an abuse or neglect petition, contact Pannell Law Group, P.C. promptly.
Crystal Pannell represents parents and caregivers in New York Family Court child abuse and neglect proceedings, including Article 10 petitions, emergency removals, § 1027 and § 1028 hearings, fact-finding hearings, dispositional hearings, visitation disputes, and orders of protection.
Disclaimer: This page provides general legal information and is not legal advice. Laws and procedures may change, and the proper strategy depends on the facts of each case.
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