The Administration for Children’s Services (hereinafter referred to as “ACS”) filed a neglect proceeding in Kings County Family Court. Their petition alleged the mother did not provide her child with adequate medical care. In addition, the petition claimed the child lacked appropriate supervision. They claimed the mother left the child in the care of an inappropriate caregiver.
ACS Allegations Not Proven
The case was submitted to Judge Lillian Wan who sits in the Family Court of Kings County. Judge Wan found ACS did not establish the allegations appropriately. Her decision stated no medical records were presented to the court. There was no proof submitted to the court with regard to the child’s alleged medical problems. Although the mother had made a statement the child had chronic heart disease and the child had been treated by both a pulmonologist and a cardiologist in 2012, without further care, was insufficient to show the mother had neglected the child’s medical needs. Judge Wan went on further to state no evidence of any type was submitted to the court which showed the child was required to have further medical care.
Improper Guardianship
Judge Wan found there was no evidence submitted of improper guardianship by the mother. Judge Wan stated the mother was on leave from her job and home during this period of time with her child. Judge Wan dismissed ACS’ petition. She found based on the evidence submitted, ACS had failed to prove their case regarding inadequate medical care or lack of proper supervision by the mother.
About Elliot S. Schlissel
