The Appellate Division of the New York State Supreme Court, First Division, ruled yesterday that child protective services cannot take children from their parents solely on the basis of a messy or cluttered house. In the Matter of Iyanah D., the court overturned a New York City Family Court ruling by Judge Jody Adams that had determined the children had been neglected.

The appellate court stated in its decision:

"Family Court's finding of neglect was based solely on the condition, observed on one particular day, of the apartment where respondent father and Iyanah resided. The court adopted petitioner's allegation that the subject apartment's living room was cluttered with plastic bags containing clothes and home appliances, there were unwashed dishes in the kitchen, and an odor was emanating from dirty cat litter, and concluded by a preponderance of the evidence that this constituted neglect. Specifically, the court determined, without analysis, that these seemingly unsanitary conditions of the home posed an imminent danger to Iyanah. We recognize that although there may have been a lengthy history with respondent's family and the court, based on the sparse record before us, the unsanitary condition of the apartment, standing alone, was insufficient as a matter of law to find neglect. While the condition of the apartment was hardly ideal, it did not place the child's physical, mental or emotional state in imminent danger of impairment."

New York City's Administration for Child Services (ACS) admitted that it did not inspect the bedroom where Iyanah slept, nor did it remove Iyanah from the apartment until more than two weeks later.

The father explained to the ACS child protective services caseworker that the plastic bags of clothes and appliances were there because the family was getting ready to move. According to the appellate court's decision, the caseworker never attempted to confirm the father's explanation nor make a follow-up visit.

The father was charged with derivatively neglecting his other daughter, but ACS did not make that charge of neglect until a year later. The appellate court dismissed all charges of neglect.

Copyright 2009 Daniel Weaver. Permission to republish the first two paragraphs of this article is granted, as long as a link to the entire article is provided. The article cannot be republished in its entirety on any website, including blogs.

If you liked this article you might enjoy reading these:

Appellate Court overturns decision to send Suffolk County dad to jail for failure to pay child support

New York City's ACS retreating from reform says Richard Wexler

King's County family court judge rules that unfounded child abuse report cannot be entered into evidence

Federal Court refuses to grant immunity to New York City ACS child protective caseworker involved in lawsuit

  • Please Make Note

    Please make note that I, Jessica Lynn Hepner the creator of What Every Parent Should Know, is not giving legal advice. I am not a lawyer. I am giving you knowledge via first hand experiences.

    Google+ Badge

    Powered by Blogger.

    About Me

    My Photo
    Jessica Lynn Hepner
    View my complete profile

    Featured Post

    Guide To Child Protection Services

    WHAT EVERY PARENT SHOULD KNOW INFORMATION ALL PARENTS NEED TO KNOW Thursday, November 1, 2012 Guide to CPS Guide to CPS Child Protective Se...

    Contact Form


    Email *

    Message *

    Google+ Followers

    Total Pageviews

    Search This Blog

    Ways To Support Syncretism

    Blog Archive

    Search This Blog



    Save A Life by Angie Kassabie

    Save A Life by Angie Kassabie
    I URGE ALL MY FRIENDS TO READ & SHARE THIS; YOU COULD SAVE A LOVED ONES LIFE BY KNOWING THIS SIMPLE INFORMATION!!! Stroke has a new indicator! They say if you forward this to ten people, you stand a chance of saving one life. Will you send this along? Blood Clots/Stroke - They Now Have a Fourth Indicator, the Tongue: During a BBQ, a woman stumbled and took a little fall - she assured everyone that she was fine (they offered to call paramedics) ...she said she had just tripped over a brick because of her new shoes. They got her cleaned up and got her a new plate of food. While she appeared a bit shaken up, Jane went about enjoying herself the rest of the evening. Jane's husband called later telling everyone that his wife had been taken to the hospital - (at 6:00 PM Jane passed away.) She had suffered a stroke at the BBQ. Had they known how to identify the signs of a stroke, perhaps Jane would be with us today. Some don't die. They end up in a helpless, hopeless condition instead. It only takes a minute to read this. A neurologist says that if he can get to a stroke victim within 3 hours he can totally reverse the effects of a stroke...totally. He said the trick was getting a stroke recognized, diagnosed, and then getting the patient medically cared for within 3 hours, which is tough. >>RECOGNIZING A STROKE<< Thank God for the sense to remember the '3' steps, STR. Read and Learn! Sometimes symptoms of a stroke are difficult to identify. Unfortunately, the lack of awareness spells disaster. The stroke victim may suffer severe brain damage when people nearby fail to recognize the symptoms of a stroke. Now doctors say a bystander can recognize a stroke by asking three simple questions: S *Ask the individual to SMILE. T *Ask the person to TALK and SPEAK A SIMPLE SENTENCE (Coherently) (i.e. Chicken Soup) R *Ask him or her to RAISE BOTH ARMS. If he or she has trouble with ANY ONE of these tasks, call emergency number immediately and describe the symptoms to the dispatcher. New Sign of a Stroke -------- Stick out Your Tongue NOTE: Another 'sign' of a stroke is this: Ask the person to 'stick' out his tongue. If the tongue is 'crooked', if it goes to one side or the other that is also an indication of a stroke. A cardiologist says if everyone who gets this e-mail sends it to 10 people; you can bet that at least one life will be saved. I have done my part. Will you?

    Popular Posts

    Edit here

    call Veteran Crisis @ 1-800-273-8255 press 1 or you can private/confidential chat to VeteransCrisisLine.net or text to 838255... Veterans Crisis Line | Hotline, Online Chat & Text Free, confidential support for Veterans in crisis and... VETERANSCRISISLINE.NET http://veteranscrisisline.net/

    Recent Posts