Educational Neglect

Handling an Allegation of Neglect in the New York Courts

The family law space is incredibly complicated, which is one of the reasons why it’s so important to make sure that you have the right legal support to guide you through it. Often, the most complex cases address things like child support, divorce, child custody, and separation. However, it’s important to note that there are also many other issues that a divorce attorney like Darren Shapiro may address on behalf of his clients. For instance, parents may be accused of abusing or neglecting a child. These cases can come to the New York courts via an ACS or CPS investigation, or from an external accusation. Either way, there are many reasons why caretakers may be accused of neglect, from parents being unable to provide children with the correct care, to the accusation that a child isn’t getting the education they need.

As a family lawyer, Attorney Shapiro often deals with a range of family law issues, including the particularly complex areas. In cases to do with neglect, he can answer difficult questions that his clients may have regarding the nature of neglect and how it is measured by the courts of New York. For instance, the law dictates that education is crucial for all children. If caretakers can’t give their child the right education, then they could be causing harm to the child’s future by ensuring that they cannot succeed in various aspects of their life. In many cases, problems with education have been referenced when it comes to highlighting problems with abuse and neglect.

Importantly, the family courts of New York define educational neglect in a very specific way. According to the courts, a child experiencing educational neglect is someone younger than 18 whose physical, emotional, or mental condition may be impaired by the failure of a parent to offer the educational support the child needs. The New York Education law dictates that parents are responsible for giving their children a reasonable level of education.

Showing Educational Neglect in the Family Courts

The Family Court Act Section 1012 states that neglect is defined as the risk of harm, or actual harm to a minor which can be linked directly to a care provider’s ability to exercise the minimum degree of care. As a divorce lawyer and child custody attorney, it’s up to people like Darren Shapiro to help their clients understand what the “minimum degree of care” means. Additionally, as Attorney Shapiro reminds his clients, caretakers may appeal the claim of neglect and show that they have given more than the reasonable level of care to make sure that their child has the right education.

There are various ways in which parents can appeal an educational neglect claim. One option is to ask a family law attorney like Darren Shapiro whether they should bring a petition for someone who is “in need of supervision.” The Family Court Act shows that a person in need of supervision is someone younger than 18 who will not attend schooling according to Educational law or is outside of a parent’s control. For instance, if a parent does everything they can to convince a child to attend classes, but the child still refuses, then the parent can file a “PINS” petition. This will allow the parents to take part in something called “diversion” services. Courts dismiss allegations of neglect and abuse when no evidence can demonstrate that the parents failed to provide their children with a minimum level of care. The courts will maintain this ruling even when children have suffered physical or emotional injuries.

Showing Connections between Parental Failure and Impairment

There are many aspects of “proof” to consider when it comes to dealing with issues of child neglect and abuse. As Attorney Shapiro reminds his clients, it is important to demonstrate a minimum of a causal link between actions that the parents failed to take, and the risked impairment or damage to the child. The courts will also ask that the prosecutors in the case can prove that the child suffered harm that directly comes from an inability to offer the right level of care.

One situation in which the problem of educational neglect is common is in cases of “nonattendance.” When children frequently refuse to go to classes, with the knowledge of a parent and without correct action from their guardian, this can lead to a finding of neglect. However, if children are missing from school because of a refusal to attend, then the parents must try to encourage attendance. Sometimes, psychiatric, psychological and medical care may be necessary, and in these cases, PINS petitions (Persons in Need of Supervision) may be necessary. In this cases, the parents would turn to a lawyer like Attorney Shapiro to demonstrate that a child’s inability to attend school was not something that they could control. For instance, the guardian might ask the school to sign a piece of paper agreeing that they had brought the child to school each morning but that the child did not stay.

If you need help either fighting against or proving educational neglect, the law and mediation office of Attorney Shapiro is here to help. Contact us today to arrange your consultation – free for up to 30 minutes, where you can discuss your case. We’re available at (516) 333-6555.