The Administration for Children’s Services alleged both the parents and the paternal grandparents had abused a child, referred to as Isaac. The allegations brought by ACS were that both the parents and grandparents had inflicted or allowed to be inflicted physical abuse to Isaac. They claimed his injuries were not accidentally caused. ACS further claimed these injuries to Isaac caused or created a substantial risk he could die or have serious disfigurements or protracted impairments of his physical and emotional health. They claimed all these items were violations of the Family Court Act Section 1012(e).
Grandparent’s Responsibilities
ACS claimed the grandparents were legally responsible for Isaac. They also claimed that the grandparents provided no legal explanation for the injuries received by Isaac.
The Judge’s Decision
Judge Joseph Hoffman sitting in the Family Court in New York County dismissed the case against the grandparents. Judge Hoffman found the grandparents had “fleeting” interaction with Isaac. Since their interaction with Isaac was not on a regular basis, the court found the grandparents were not responsible for Isaac. The court found the grandmother did not care for Isaac at all during the time frame of the alleged incidents. He also found the petition against the parents should also be dismissed. Judge Hoffman’s decision was that ACS did not prove the parents either abused or neglected this child.
Conclusion
ACS and CPS sometimes bring proceedings against parents and grandparents that are unnecessary and based on false information.
Elliot S. Schlissel is the managing partner of Schlissel DeCorpo LLP. The law firm represents parents involved in ACS and CPS cases throughout the Metropolitan New York area.
