Neglect And Juvenile Delinquency
There are few events more upsetting to parent or guardian than being accused of child abuse or child neglect. Whether you are a parent or even a teacher or caregiver, the petition that is filed with the family court should be taken extremely seriously. In fact, there is a chance that you will lose your child or your job and face further actions from the courts. A child under the age of 18 may face difficult emotional challenges that can quickly translate into legal issues. In the case of the child, it can lead to getting suspended from school, or charges of juvenile delinquency or truancy.
Located in Forest Hills but representing clients in all of Queens, Long Island and the New York metro area, Olga J. Rodriguez, P.C., helps individuals and families facing issues involved with troubled youth. We understand the gravity of these situations and know how to fight them, ensuring that individual and parental rights are protected to the full extent of the law.
What Is A Child Protective Proceeding?
Allegations of neglect can lead to the child being removed from the home by New York State Office of Children and Family Services (OCFS), law enforcement or some other child protection services organization. The parents or guardians (called the respondents), however, can hire an attorney to represent them in family court for the child protective proceeding. An attorney can also be assigned to the child, which is referred to as “attorney for child”.
Steps Of A Child Protective Proceeding
Here is a brief list of important matters that will be resolved during this process.
- A summons or a petition is served: This is given to the parent or guardian legally responsible for the care of the child. The respondent and their attorney come to court and hear the case against them, and then present a defense.
- Fact-finding hearing: This is to determine if there is evidence of neglect or abuse. Witnesses may be called. The respondent’s attorney can cross-examine the witnesses and challenge the evidence. They in turn can present their own evidence and witnesses. At this point, the court can determine that there is no abuse or neglect. If abuse or neglect is determined, the child is placed in foster care or with suitable guardian.
- Dispositional hearing: If it is determined that the child was abused or neglected, this hearing is scheduled to decide what is in the best interests of the child after their removal from the care of parents or guardian. The judgment may put the child back in the custody of respondent if certain conditions are met, or they may remain with a foster care agency.
- Permanency hearing: This is the final step of the courts, where a decision to place the child is made, whether they remain with the agency, the parent or guardian or another option.
Contact Us Today If You Have Been Summonsed
Olga J. Rodriguez is a lawyer who often represents clients in juvenile neglect and abuse matters. Let us put our experience to work whether it is in the courtroom or the handling of administrative hearings on OCFS indicated findings. Call 718-793-5385 to schedule an appointment with attorney Olga J. Rodriguez. We can also be reached through the Contact page of this website.