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ACS Neglect Petition Against Father Dismissed

Child custody

Jacqueline Deane, a Judge sitting in the Family Court in Kings County, presided over a case where a father sought to dismiss a petition for child neglect brought by ACS (Administration for Children’s Services). The father claimed the petition brought by ACS did not state a valid cause of action against him. The allegations in the petition brought by ACS claimed the father did not provide proper supervision or guardianship of his child. The petition went on further to state he did not have a stable place to live. It also stated the father purchased some items for the child who was a newborn and he had a car seat.

Father’s Refusal to Talk to ACS
Does Not Establish Neglect

Judge Jacqueline Deane took note the father was asked questions on more than one occasion and his refusal to disclose information was not sufficient to establish he neglected his infant child.

The Judge’ Decision

Judge Deane found ACS had inferred the father was unable to bring his infant to his cousin’s home to live but there was nothing in the petition by ACS to establish he could not find another place to live or other suitable housing for him and the infant to stay in. Judge Deane found the very fact the father had a car seat was indicative he was planning to use this to transport the child. Judge Deane ruled the finding of neglect against a father of a newborn child based on his refusal to provide information sought by an ACS investigator was not sufficient to establish neglect. She also found it would be unconstitutional interference with a person’s liberty to rule in favor of ACS with regard to this petition. The neglect petition was dismissed!

Elliot Schlissel

Elliot S. Schlissel, Esq. is the managing partner of Schlissel DeCorpo LLP. Elliot has been representing father’s in father’s rights cases for more than 45 years. He can be reached for a free consultation at 800-344-6431 or Elliot@sdnylaw.com.

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