Our firm represents many parents and guardians who are the subject of child abuse and/or maltreatment (neglect) investigations throughout New York City, Westchester, Rockland, Dutchess, Putnam and other downstate counties. The first question almost everyone who is the subject of such an investigation asks is: “Can they take my kids?”…
Generally, our medical records and our children’s medical records are private and our medical providers may not them. (See NY CPLR 4504(a)). This “privacy” or privilege from disclosure is based upon what is referred to as the “doctor-patient” privilege. However, in New York, when a mandated reporter makes a report…
In addition to the mandatory reporters I previously discussed, the Social Services Law specifically authorizes “any person” to make a report of suspected abuse or maltreatment when they have reasonable cause to believe a child is the victim of abuse or maltreatment. (Soc. Ser. Law § 414). While seemingly supported…
In an effort to identify those children who might be the victim of abuse or neglect, certain individuals who are in a position to observe signs of abuse and/or neglect are required by law to make a report when they have reasonable cause to suspect that a child coming before…
The New York Post printed a full page article yesterday on the dismissal of the bus matron case that was defended by New York criminal defense firm Tilem & Campbell. As explained in our last blog the case involved a school bus matron charged in Brooklyn Criminal Court with failing…
New York Criminal Defense firm, Tilem & Campbell scored a complete dismissal on all charges in a hard fought Endangering the Welfare of a Child case in Brooklyn, earlier today. The case involved a former school bus matron who was charged with standing by and taunting a young autistic boy…
In addition to the mandatory reporters I previously discussed, the New York Social Services Law specifically authorizes “any person” to make a report of suspected abuse or maltreatment when they have reasonable cause to believe a child is the victim of abuse or maltreatment. (Soc. Ser. Law § 414). While…
In an effort to identify those children who might be the victim of abuse or neglect in New York, certain individuals who are in a position to observe signs of abuse and/or neglect are required by law to make a report when they have reasonable cause to suspect that a…
As I have explained in my previous blog, the common law, the Penal Law and the Family Court Act all, in theory, allow a parent to inflict reasonable corporal punishment. This does not mean, however, that a parent may freely beat his or her child. To the contrary, “a parent…
While virtually all investigators with Child Protective Services, members of law enforcement, prosecutors and even judges have chosen to totally disregard a parent’s right to use reasonable corporal punishment, New York law permits parents to use reasonable corporal punishment to maintain discipline. Indeed, Penal Law 35.10(1) states in substance that…