A lawsuit was brought by the Administration of Children’s Services(herein referred to as “ACS”) before Judge Sarah Cooper sitting in the Family Court of Bronx County. The preceding brought by ACS claimed Lisa A’s mother Eunis O and the babysitter Nana D has abused Lisa. Lisa has been brought to a hospital with bilateral fractures of her tibia and fibula.
ACS goes after the Babysitter
A second proceeding was brought against Nana D’s (the babysitter’s) own child. This case claimed the child was derivatively neglected due to Nana’s acting as Lisa’s babysitter and abusing Lisa.
Judge Cooper found after due consideration ACS failed to establish either child was at eminent risk of harm if the children were released to the care of their mothers. Justice Cooper in her decision stated there was a doctor who had examined Lisa named Cahill. The doctor testified Lisa’s injuries were most likely caused by an accident. He rendered this evaluation of Lisa’s injuries even after neither Lisa’s mother nor the babysitter was able to provide any explanation as to how Lisa was injured. Judge Cooper ruled the doctor’s testimony established Lisa’s injuries were probably the result of an unintentional accident. She also found the mother and the babysitter were telling the truth, when they testified they did not know how Lisa was injured.
ACS Petition Dismissed
Judge Cooper found that Eunis O immediately brought Lisa in for medical treatment upon becoming aware of her injuries. She ruled ACS did not prove either Nana B or Eunis O were responsible for Lisa’s injuries and her injuries did not occur 
because of either of their actions or inactions. ACS’s applications against both Eunis O and the babysitter Nana D were dismissed.
Conclusion
ACS often assumes if a child is injured it is the parent’s fault. Children during their normal day to day activities will receive bruises, scrapes and occasionally break bones. The fact that a child is injured does not mean the parent is responsible for the injuries, did not provide the appropriate care or was neglectful of their child.
Elliot S. Schlissel, his partner Nathan DeCorpo and their associates, have been successfully representing parents and other individuals charged with child neglect and child abuse by ACS AND Child Protective Services (CPS) for more than 45 years throughout the Metropolitan New York area.
