In a case before Judge Jacqueline Deane, sitting in the Family Court in Kings County, a mother brought an application to have a neglect petition dismissed which was originally brought by ACS where the mother claimed the petition brought by ACS did not establish the mother did not provide the minimum standard of care required for children. The petition that had been initially been brought by ACS claimed the mother had neglected her daughter, Kailynn, and she had deliberately negligently taken care of her, by failing to seek immediate medical care for Kailynn in a situation where she had fallen off her bed and was injured.
The Hospital Records
The hospital records showed the mother brought Kailynn to the emergency room a few days after she had fallen and hit her head. She took this action because there was swelling on the child’s head. The doctors in the emergency found no other signs of trauma. After examining the child, they determined there was no follow-up care necessary.
Mother Took the Right Action
Judge Jacqueline Deane found the mother had taken the appropriate action. She participated in and completed parenting classes. The Judge found there were no pending concerns regarding the children being safely taken care of by their mother.
The allegations made in the ACS petition claimed there was an indication of a likelihood of future neglect. Judge Jacqueline Deane found this was not true. She found there was no 
reason for ACS to be involved in the continuing circumstances of her children’s lives. She therefore dismissed ACS’S petition claiming the mother had neglected her two daughters.
The Law Office of Elliot S. Schlissel, Esq. and his associates have been representing parents in ACS and CPS cases throughout the Metropolitan New York area for more than 45 years.
