Nassau County Child Neglect Cases
Accused of Child Neglect? Our Firm Can Help You.
When you are facing the serious accusations of child neglect, you need the services of an experienced, aggressive, and skilled family lawyer to provide the legal advice and representation you need.
The state of New York takes such accusations very seriously, and the Department of Social Services in conjunction with law enforcement will conduct a thorough investigation to determine the veracity of such claims.
Pending a preliminary investigation, Child Protective Services may petition the courts to have your child removed from your custody to ensure that no other harm comes to the child. The system is predicated upon the principle of doing what is in the best interests of the child's safety, and when the state decides to remove your child from your custody, it is a complex and difficult task to prevent the state from taking your child.
What Is Considered Child Neglect?
Child neglect is defined at both a state and federal level. At a state level, child abuse and neglect are defined in both civil and criminal statutes.
According to the State of New York, neglect is defined as the failure of a parent or other type of caretaker to provide a child with necessary:
- Medical care
- And / or supervision to the degree that said child's health, safety, and wellbeing is threatened
At a federal level, the Child Abuse Prevention and Treatment Act, or CAPTA, defines child abuse and neglect as a recent act or failure to act on a caretaker or parent's part which results in any of the following:
- Serious Physical or Emotional Harm
- Sexual Abuse
- Sexual Exploitation
How a Family Law Attorney Can Help You
However, by hiring a family attorney in Nassau County, you have the best opportunity to keep that from happening – and if your child is initially taken from you, a lawyer can formulate and execute a plan to get your child back home again.
The team at Jason M. Barbara & Associates, P.C. can help defend you against the following types of allegations:
- Sexual abuse
- Medical neglect
- Inadequate guardianship
- Emotional neglect
- Physical abuse
- Educational neglect
Regardless if you're single, married, splitting from your child's other parent, or estranged from your spouse, the guidance of a legal professional can help you communicate your side of the story effectively with the investigators assigned to your case, and make sure that they know what actually happened.
How to Prove Child Neglect in Nassau County
If you are facing child neglect charges, Child Protective Services will begin investigating your home life to determine if neglect has in fact occurred. If the investigator believes your child is not in immediate danger but is still at risk for neglect, they will file an Article 10 motion in the family court.
This will begin the process of reviewing whether or not your child should be removed from your home. Investigators who believe your child is in imminent risk can remove your child from your home immediately.
You must then file a 1028 hearing to make your case. To ensure you receive the best possible outcome for your case, it is imperative you hire a Nassau County child abuse defense lawyer.
While you can refuse to cooperate, it is not advised. This can make you appear guilty of child negligence and the investigator can still take your case to court. Investigators are more likely to file an Article 10 if you do not cooperate with their investigation.
Contact Jason M. Barbara & Associates, P.C.
Do you need an attorney for a child neglect case in Nassau County? Jason M. Barbara & Associates, P.C., is dedicated to helping keep families together. Our team knows the New York laws that govern child abuse and neglect cases, and we know how the Department of Social Services handles the investigation and prosecution of such cases.
Whether you have recently been accused of child neglect, or your child has already been taken from you, we are here to help. We know that no two situations are alike, and we can craft our legal strategies to cater to your needs while providing the skilled advocacy and advice needed to get you through this difficult time.