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Child Neglect

Child Neglect & What the Laws Are

            New York State handles child neglect cases seriously, and we will help you face these grave allegations. Law enforcement and the Department of Social Services will conduct a thorough investigation into the credibility of these claims, as well as possibly petitions to remove the child from the custody of the accused, prior to the investigation. All of these actions are performed in the best interest of the child, and for this reason it is important to hire an able attorney to bring your child back home to you. Together, we will compile a plan to make this happen, defending allegations such as:

•   Medical neglect 

•   Sexual abuse 

•   Inadequate guardianship 

•   Emotional neglect 

•   Physical abuse 

•   Educational neglect 

            Child neglect and abuse are defined at both State and Federal levels. At the state level, child abuse and neglect may be defined in both civil and criminal statues, providing civil definitions which would allow intervention by State child protective agencies. At the Federal level, the Child Abuse Prevention and Treatment Act defines child abuse and neglect as “any recent act or failure to act on the part of a parent or caregiver that results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act that presents an imminent risk of serious harm.”


            Once these charges have been filed, the investigation will take place. If it is believed that the child is not in immediate danger but still at later risk, an Article 10 motion will be filed in family court, from where a more detailed and comprehensive review will take place. If there appears to be an immediate risk, the child will be removed at once. On the accused’s behalf a 1028 hearing is then filed, and an attorney is hired in hopes of returning the child back to a safe environment.

Do You Know About the 4 Types of Child Neglect?

What is Neglect?

Neglect is defined as “a type of maltreatment that refers to the failure by the caregiver to provide needed, age-appropriate care although financially able to do so.” Poverty is mistaken for neglect — but they are not the same. Poor families do not have the means to provide adequate care — neglectful parents and caregivers do.

for example, if a divorced or separated father leaves his younger children under the age of 13 alone at home all night, while he is out for some work, will be considered child neglect, or if a mother leaves her 6 year old toddler home alone for several hours or the whole day, this will also be considered as "child neglect" under the law.

Types of Child Neglect:


Physical Neglect

Physical neglect is by far the most common type of neglect. In most cases, the parent or caregiver is not providing the child with all of the basic necessities like food, clothing and shelter. In some cases, young children are left without proper supervision for extended periods of time.


Educational Neglect

Children who suffer from this type of neglect are being kept from the very thing that can help turn things around. The child may not be showing up to class, or in some cases, they may not be enrolled in school or homeschooling at all.


Emotional Neglect

Children who have been emotionally abused often feel ignored, rejected, threatened and isolated. Their parents or caregivers have created an environment of fear, denying the child of the attention, social interaction, and emotional support they need to thrive. Unfortunately, this is the hardest form of neglect to prove and cases often go unreported.

Medical Neglect

In these cases, parents or caregivers aren’t providing adequate healthcare for their child, even though they can afford it or have been offered help. Protective services often get involved in cases where denying treatment could lead to life-threatening illnesses, disabilities, disfigurement or death.

 48 Years of Accumulated Practice

Whether it's your spouse using Child Neglect against you in child custody action or a State agency claiming that you are neglecting your children

If you are being accused of neglecting your child for any of the above reasons?  and you are facing a child custody battle, we urge you to contact our firm to arrange a free consultation with our experienced divorce and family law attorney!

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