Neglect Proceedings in Nassau County and Long Island
Suffolk County Family Lawyer
In New York State a parent can be charged with abuse and/or neglect of their child pursuant to Article Ten of the Family Court Act. Child Protective Services (CPS) or NYC Administration of Children's Services (ACS), through the Department of Social Services (DSS) can bring a proceeding for Neglect against a parent, ask the court to remove the child from the home and seek to terminate parental rights. CPS and ACS have the authority to remove the child before the commencement of the Neglect Proceeding in certain circumstances. ACS and CPS have very powerful rights that can destroy a family if used improperly.
It is therefore crucial to contact an attorney as soon as possible if you are faced with these proceedings. A Suffolk County family lawyer at our law firm can meet with you to discuss what has occurred and what actions you can take to protect your rights and your child's well-being. We handle CPS and ACS cases related to neglect in the Nassau County and Suffolk County areas.
ACS and CPS can remove your child before you have your day in court. It is critical that you immediately secure competent legal counsel to protect you and your family's rights.
If ACS or CPS removes the child before the commencement of the Neglect Proceeding, of if ACS or CPS requests the removal of the child after going to court, the parent has the absolute right to have a hearing the court must return the child unless CPS or ACS proves to the court that the return of the child presents an imminent risk to the child's life or health. The court will appoint an attorney for the child called a law guardian; that attorney will represent the interests of the child.
The court will appoint a law guardian who is an attorney to represent the child. The parents should retain experienced attorneys to protect their rights.
CPS and ACS Hearings
If the matter cannot be settled the court will hold a fact finding hearing. CPS or ACS must prove the case for the court to make a finding that the child was neglected and/or abused. If CPS or ACS fails to prove their case the petition will be dismissed.
If the court does make a finding as to neglect or abuse, the court will then hold a dispositional hearing to determine the final outcome. After the dispositional hearing the court will issue a dispositional order. The dispositional order may contain several different forms of relief, including the following:
- Suspended judgment;
- Release of the child to the parent(s) with supervision;
- Placement of the child in foster care; and
- Issuing an order of protection.
Upon a disposition of placement and supervision, if the parent does not comply with the ACS or CPS reunification plan the court has the authority to terminate the parent's rights and put the child up for adoption.
Contact an Attorney for Help with Your Case
If CPS or ACS is investigating your home, if you have received a summons to go to court for a neglect proceeding, or if your child has been removed from the home by CPS or ACS, you should consult with an experienced neglect litigation attorney without delay so you can determine and protect your legal rights.
The lawyers at the Law Offices of Paul A. Boronow, P.C. have been defending neglect petitions and helping families get reunited across Nassau County and Suffolk County for over twelve years with positive results. We are aggressive and dedicated and remain a mere phone call away.
Contact a Suffolk County Family Law Attorney for help in the face of neglect proceedings in Nassau County, Suffolk County or the surrounding areas. Call us at 516-227-5353.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.