Tips for neglect or abuse fact finding hearings in Family Court (NYC)

If you're accused of child neglect or abuse in Family Court, here's what you need to know:

What are these cases about?

• The court decides if someone neglected or abused a child
• They also decide who is responsible for the neglect or abuse

Who can be accused?

• Parents
• Anyone who regularly takes care of a child (called a "person legally responsible")

What do these cases decide?

There are usually three main parts:

• Emergency Hearing (called 1027 or 1028 hearing): Decides if children should stay with family during the case
• Fact-Finding Hearing: Decides if neglect or abuse happened
• Dispositional Hearing: Decides where children will live and under what conditions

What are your rights?

• You have the right to a lawyer
• If you can't afford one, the court will give you a free lawyer
• Your children will also have their own lawyer

 

The Fact-Finding Hearing

This is like a trial where ACS (Administration for Children's Services) must prove their claims against you.

What happens?

• ACS must show evidence that neglect or abuse happened
• They must prove you were responsible

How does the judge decide?

• The judge looks at all the evidence
• They decide if it's "more likely than not" that neglect or abuse happened
• This is called "preponderance of evidence"

What kind of evidence is used?

• The rules are different from criminal cases
• Some information you thought was private might be used
• Hearsay (things people heard from others) might be allowed

Can I settle instead of having a hearing?

• Sometimes, settling means admitting to neglect or abuse, which can have serious consequences
• Settling usually means you'll still be supervised by ACS or an agency
• If you have a lawyer, talk to them first. They can help you understand the settlement

What happens if the judge finds neglect or abuse at the Fact-Finding Hearing?

• This means you've lost the Fact-Finding Hearing
• It doesn't automatically mean your children will be taken away
• Usually, ACS must try to keep families together or reunite them
• They should offer services to help you, called "preventive services"
• You can appeal the decision. This means asking a higher court to review the decision. You must start an appeal within 30 days. Talk to your lawyer about this option.
• Even if you lose, you can ask to have your record sealed. Write to the State Central Register of Child Abuse and Maltreatment (SCR) and include a copy of the court order and petition:
  • NYS Office of Children and Family Services
  • State Central Register of Child Abuse and Maltreatment 
  • Appeals Processing Team 
  • P.O. Box 4480 
  • Albany, New York 12204-0480

What happens if you win the Fact-Finding Hearing?

1. The case ends
2. If your children were taken, they should be returned
3. You still need to ask SCR to seal your record

 

More About Abuse Findings

Sometimes, the judge might decide the abuse was very serious. This can happen if:

1. The child was badly hurt or could have been
2. There was serious sexual abuse

If this happens:

• The judge's order will say it clearly
• This can have serious consequences in the future
• ACS must warn you about this in their legal papers

What is "Repeated Abuse"?

The judge might find "repeated abuse" if:

1. You're accused of intending to seriously harm your child OR
2. You're accused of serious sexual abuse OR
3. You knew about and allowed serious sexual abuse

AND

4. You abused a child in the past 5 years
5. Services for your family didn't help, or a judge said services weren't required

 

Termination of Parental Rights

In some serious cases, ACS might try to end your parental rights. This can happen immediately if the judge finds:

• Severe abuse
• Repeated abuse
• Abandonment
• That "reasonable efforts" to keep the family together should stop

However, ACS doesn't have to do this if:

• Relatives are caring for your children
• You're not getting the services you need to reunite with your children
• You're in jail, immigration detention, or drug treatment, but you're staying involved in your children's lives
• There's another good reason not to file

 

Important things to remember

1. You have rights, even if you're accused of neglect or abuse
2. The goal is usually to keep families together when possible
3. There are services available to help you
4. You can appeal if you disagree with the judge's decision
5. Even if you win your case, you need to ask to have your record sealed
6. If you have a lawyer, talk to them about your case