New York Criminal Lawyer Blog
A married couple who are both hearing impaired had two children born on May 1995 and May 1992. The younger child has spina bifida. The two children were removed from the home and placed in foster care on June 20, 1996 by the Family Court after it found proof of medical neglect and domestic violence.
A New York DWI Lawyer said the husband assaulted the wife with a knife and this landed him in jail. When questioned by the family court if he assaulted his wife with a knife, he denied it. He claims that he and his wife argued and while they were arguing, he was holding a knife. He denied that he hurt her. While he was in jail, he did not see, call or visit his child. After he was released from jail, he still failed to visit, call or write his child. He failed to financially support his child.
The mother underwent therapy and counseling for depression and also for substance abuse. She admitted to her case worker that she had been using marijuana. When the case worker told her to get herself tested for substance abuse and also to submit herself for psychological evaluation, she refused.
The case worker also advised the mother to hunt for an apartment for herself as well as her two children. She tried to hunt for an apartment only once. A New York DWI Lawyer said the case workers referred the parents to agencies that could help them live independently despite their hearing disability. The mother missed nine out of ten counseling sessions.
The case workers for both the father and the mother testified that they explained to the parents the steps they need to take in order for their children to be returned to them.
Two years later, on August 3, 1998, the foster care placement was extended by order of the family court which also required the father to undergo domestic violence counseling and alcohol rehabilitation.
In September 2000, two petitions were filed in family court by the ACS asking that the parents be declared to have neglected their children and abandoned them and as a consequence, that their parental rights be terminated.
The parents opposed the petitions alleging that ACS took their children without justifiable cause; that ACS took their children without providing them sign language interpreters who could explain to them what was happening and why their children were going to be taken away from them. They claim that the family court and the case workers did not accommodate their hearing disability before making a finding of neglect.
The Court found that that both parents had neglected their children in failing to remain in contact with them during the time that the children were in foster care. A Nassau County DWI Lawyer said they did not call their children, rarely visited their children and they did not even write to their children. They showed a lack of interest in communicating with their children. The parents did not do their best to comply with the requirements set by the court for them to regain custody of their children. They showed an indifference to the welfare of their children.
The Court found that the parents refused to cooperate with their case workers and do not even acknowledge that they have substance abuse problems, domestic violence problems and parenting skills problems. They maintain that the ACS took their children without cause.
They show their lack of interest in regaining custody of their children by living outside the State of New York and by failing to contact the agency to inform them of their whereabouts and to give them their contact details.
The parents also showed that they have no permanent plan for their children. They failed to maintain jobs. They failed to get skills training in order to get jobs. They failed to provide housing for their children.
The Court found that while the parents may not have abandoned their children, they have permanently neglected them. Their parental rights were terminated.
A criminal charge for committing domestic violence has consequences on a parent’s parental rights. If there is proof that the domestic violence is also an evidence of neglect, a parent may lose his parental rights. A New York Domestic Violence Lawyer can help defend you against the charge of domestic violence and help you maintain your parental rights over your children. Whether you have been charged with domestic violence, a DWI, or a drug crime, it is important to ensure that your rights are protected. Call us today for a free consultation.