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Depending on whether you are in New York City or upstate in Rockland or Westchester Counties, ACS or CPS, the Administration for Child Services and Child Protective Services respectively, may file an Abuse and Neglect petition under Family Court Act Article 10 to protect a child under the age of 18 who the agency
Direct observations of the child, parent and home. Statements from the parent and alleged perpetration that are consistent. Statements from the child. Corroboration of injuries and probable cause of injuries using medical records. Behavioral indicators of parent and child.
Depending on the case, they may last from half a day to the longest I have done, six days. The process is very similar to a Final Hearing, in that the Applicant is sworn in, questioned by the other side and then the Judge, and then any witnesses for the Applicant are sworn in and questioned.
This is opposed to a felony charge or an infraction. The neglect of children is punishable by: custody in county jail for up to one year, and/or. a maximum fine of $2,000.
CPS must determine, within 60 days, whether a report is indicated or unfounded. CPS must refer suspected cases of falsely reporting child abuse and maltreatment, in violation of Penal Law § 240.50(4), to the appropriate law enforcement agency or district attorney.
Criminal neglect can result in the responsible adult being placed in jail or prison and the child being removed from the home.
A Fact Finding Hearing is a type of court hearing that considers the evidence surrounding allegations, and the court will make a decision as to whether alleged incidents did or did not happen.It is for the person making the allegations to prove that they are true.
1027 or Intake Hearing: If the child is removed from the home without a court order, a hearing known as a "1027" must be held on the next date court is in session after the petition is filed to determine if the child should be remanded to a place designated by the court, placed in the custody of a suitable person other