In a case before Judge Keith Brown, who sits in Bronx County, the Association for Children’s Services (hereinafter known as “ACS”) brought a petition which alleged the mother exercised improper supervision because she left her 2 years old twins home alone with their 10 year old brother. ACS claimed this put the 2 year old twins in significant risk of harm. In addition, ACS plead that during this unsupervised period of time, 2 year old Ava sustained a burn on her leg. They claimed the mother failed to obtain adequate medical care. They also claimed the mother did not provide a consistent explanation as to how an injury to one of the children occurred. ACS alleged the remaining children were derivatively neglected.
The Judge’s Decision
Judge Brown took into consideration no evidence was shown that the children were not adequately supervised by their brother Jake. He also found there was no proof they were harmed or their was a risk of harm. The Judge found ACS failed to established the mother neglected the children. He also found there was no documented evidence the child’s burn required intervention by a doctor or that the action taken by the mother was not adequate to deal with this child’s injury.
The court concluded ACS failed to prove the mother did not provide adequate medical care for Ava. The petitions by ACS were dismissed.
Conclusion
This is just one of many cases where ACS has over reacted especially during the period where the pandemic related to Covid-19 was effecting the population of New York.
