In a recent opinion, a New York court considered whether the dismissal of a petition alleging that two guardians of a minor engaged in neglect and corporal punishment was appropriate.
In October 2016, the Administration of Child Services (ACS) initiated an Article 10 proceeding on behalf of a minor against her paternal uncle and grandmother. Under New York law, all matters involving neglect are governed by Article 10 and heard exclusively in Family Court. The petition alleged that the grandmother and uncle were charged with overseeing the child’s care pursuant to the Family Court Act and that the defendants failed to meet their duty. The petition also alleged that the defendants engaged in neglect and inflicted corporal punishment on the minor. More specifically, the petition stated that the grandmother commanded the uncle to strike the minor four times after the child allegedly touched a cake. The petition claimed that the child’s legs showed marks and bruising. Ultimately, the defendants admitted that they no longer wished to care for the minor or to have her in their home.
The defendants denied the allegations during an appearance in court. The minor was ultimately remanded to the care of the commissioner. During another conference that took place in January 2017, the attorney for ACS stated that the defendants would undergo classes on parenting skills and be allowed to undertake supervised visits with the minor. The uncle rejected this plan, indicating that he did not intend to serve in a parental role regarding the minor. The grandmother also rejected the plan, wishing to terminate her relationship with the child.