Posts tagged with "Neglect"

Who’s Who’s In New York Family Court

JUDGES: A judge is in charge of the hearing (trial). Judges listen to witnesses, examine evidence, and then decide whether the case has been proven. 

SUPPORT MAGISTRATES: A support magistrate hears support cases (petitions seeking monetary support for a child or spouse) and paternity cases (petitions to declare someone to be the child’s father). 

COURT ATTORNEY REFEREES: Court attorney referees hear and issue orders in custody, visitation, and foster-care cases. 

PETITIONER: A petitioner is the person or agency filing the petition. A petition is a written request to the court to make a decision. 

RESPONDENT: The respondent is the person or agency against whom the petition is filed. 

What You Need To Know About New York Family Court

The Family Court of the State of New York has the authority to decide cases affecting the lives of children and families. The court has a wide range of powers to fit the needs of the people who come before it.

The Family Court Act gives the Family Court power to hear certain types of cases. Each case filed is given its own identifying number, called a “docket number.”

The docket number begins with a letter that identifies the type of case filed:

Child Protective Proceedings, What To Expect.

WHAT IS A CHILD PROTECTIVE PROCEEDING? 

When it appears that a child under 18 years old has been abused or neglected (harmed or not taken care of) or is in danger of being abused or neglected, a child protective agency may file a petition asking the Family Court to assist in protecting the child. In New York City, this agency is the Administration for Children’s Services (ACS). ACS is the petitioner, and the parent or caretaker is the respondent. It is the court’s responsibility to decide whether the allegations of abuse or neglect are true and, if so, what action the court should take to protect the child. 

Upon the filing of an abuse or neglect case, ACS may request that a child be placed away from the home for his or her protection or it may request that the child remain in the home under certain conditions. 

DO THE PARTIES NEED LAWYERS TO REPRESENT THEM? 

Although respondents have the right to represent themselves, a respondent should obtain a lawyer. Respondents may hire lawyers to represent them in court or ask the court to assign lawyers at no cost if they cannot afford to hire their own. Each respondent must have a separate lawyer.