New York Summons (Child Neglect Case)
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FAQ
Child abuse and neglect have been shown to increase the risk of later forms of antisocial behavior, including violence perpetration and crime in adulthood. The processes through which child abuse leads to subsequent antisocial and criminal behavior are not well understood.
Child neglect is usually charged as a misdemeanor in California. Penalties for misdemeanor child neglect can include up to 12 months in a Los Angeles County jail, $2,000 in fines, and/or probation. Probation is commonly used to punish a parent for first-time offenses.
To prove neglect, you need to show a child's basic physical and/or emotional needs are not being met and that a child is not being properly cared for. If the other parent doesn't feed the child, for example, or does not make sure the child gets to school, these can be potential signs of neglect.
CPS must determine, within 60 days, whether a report is indicated or unfounded. CPS must refer suspected cases of falsely reporting child abuse and maltreatment, in violation of Penal Law § 240.50(4), to the appropriate law enforcement agency or district attorney.
The Family Court Act of the state of New York defines child neglect or abuse as the act, or failure to act, by any parent or caretaker that results in the death, serious physical or emotional harm, sexual abuse, or exploitation of a child under the age of 18.
If the Judge or jury decides that the claims are unsubstantiated, your child will be returned to you (assuming they'd been removed by CPS), your name will be removed from the Central Registry, and the petition against you will be dismissed.
Physical Neglect. The failure to provide necessary food, clothing, and shelter; inappropriate or lack of supervision. Medical Neglect. The failure to provide necessary medical or mental health treatment. Educational Neglect. Emotional Neglect.
Q: Do parents have the right to refuse entry to an investigator? A: Yes. But refusing entry to CPS will not end the investigation. If CPS has information that a child may be in danger, they have the authority to go to court to ask for a court ordersimilar to a search warrantrequiring you to allow them access.