Abuse and Neglect Cases

Child Protective Proceedings (Abuse & Neglect) in New York Family Court

Introduction

Child Protective Proceedings—often called abuse and neglect cases—are handled under Article 10 of the New York Family Court Act (FCA).
These are civil proceedings, not criminal cases, and they are brought to protect children under 18 who are alleged to be abused, neglected, or at imminent risk of harm.

The goal of the Family Court is to keep families safe and stable, not to punish parents. Whenever possible, the court aims to keep families together while ensuring a child’s safety and well-being.

In Suffolk County, these cases are usually handled by Child Protective Services (CPS), part of the Department of Social Services (DSS). In New York City, they are handled by the Administration for Children’s Services (ACS).‍

|Important: Every abuse or neglect case is unique. This information is for general guidance only and is not legal advice. Speak with an experienced family law attorney if you are involved in a CPS or ACS investigation.|

What Counts as Abuse or Neglect (FCA §1012)

Abuse (§1012(e))

A child is considered abused if a parent or caretaker:

• Inflicts or allows serious physical injury,
• Creates a substantial risk of serious injury, or
• Commits (or allows) a sex offense against the child.

Neglect (§1012(f))

A child is considered neglected when their physical, mental, or emotional condition is impaired or in danger of becoming impaired due to a failure to provide a minimum degree of care, such as:

• Inadequate food, clothing, shelter, or education
• Failure to provide necessary medical care (when able or when help was offered)
• Excessive corporal punishment
• Drug or alcohol misuse that prevents proper supervision or care

These definitions are specific to the Family Court Act and are separate from any criminal law definitions.

Reporting & Investigation Process

• Reports of suspected abuse or neglect go to the New York State Central Register of Child Abuse and Maltreatment (SCR)—commonly called the Hotline.
• Mandated reporters (like teachers, doctors, and social workers) are required by law to report suspected abuse.
• Once a report is made, CPS/ACS investigates to decide whether it is:
  • Indicated – supported by credible evidence, or
  • Unfounded – not supported by sufficient evidence.
• Investigations typically include interviews, home visits, and safety assessments.

Family Court Proceedings (Article 10 Cases)

1. Filing the Petition

If CPS/ACS finds evidence of abuse or neglect, it files a petition in Family Court. The petition describes what happened and names the people legally responsible for the child.

2. Initial Appearance

The first court appearance informs parents or guardians of the allegations and their rights—including the right to an attorney (with appointed counsel available if they cannot afford one).

3. Emergency Removal & Hearings

If a child is removed due to immediate danger, a hearing under FCA §1027 or §1028 must occur quickly to determine:

• Whether the removal was justified, and
• Whether the child should remain in temporary foster care or return home.

4. Fact-Finding Hearing

CPS/ACS must prove the allegations by a preponderance of the evidence (more likely than not). The court decides if abuse or neglect occurred.

5. Dispositional Hearing

If the court finds abuse or neglect occurred, it decides the next steps, which could include:

• Returning the child home under supervision
• Placing the child with a relative or in foster care
• Requiring the parent to complete treatment, counseling, or parenting classes

6. Permanency Hearings

If a child remains in foster care, the court holds permanency hearings every few months to ensure progress toward a safe and permanent home—either reunification or adoption.

Termination of Parental Rights (TPR)

If a child has been in foster care for 15 of the last 22 months, or in certain extreme circumstances (such as severe abuse, abandonment, or permanent neglect), CPS/ACS may file a TPR petition.

If parental rights are terminated:

• The legal relationship between parent and child is severed, and
• The child can be freed for adoption.

TPR cases are among the most serious matters in Family Court and require experienced legal representation.

Rights of Parents & Children in Court

• Right to Counsel: Parents have the right to an attorney, and if they cannot afford one, the court will appoint counsel.
• Attorney for the Child (AFC): The court appoints an AFC (formerly “Law Guardian”) to represent the child’s interests and wishes.
• Due Process Rights: All parties may attend hearings, present evidence, call witnesses, and cross-examine others.

Available Resources

• New York State Unified Court System: General Family Court information.
• CPS / ACS: County and city agencies investigating and prosecuting cases.
• Domestic Violence Hotlines: Support for families where child protective issues overlap with intimate partner violence.
• Legal Aid / Pro Bono Services: Free or low-cost representation for qualifying individuals in Suffolk County and across New York.

Why Work with Steven Zalewski, Esq.

Steven Zalewski has decades of experience representing parents in Family Court Article 10 proceedings throughout Suffolk County.
He understands that these cases can threaten your family’s future—and that parents often feel overwhelmed and misunderstood by the system.
Steven works to protect your rights, ensure your voice is heard, and fight for outcomes that keep your family together whenever safely possible.

Contact Steven Zalewski, Esq.

Cell: (516) 660-4654
Office: (516) 377-7830
Email: steve@zandzfamilylawyers.com
Address: 1601 Veterans Memorial Highway, Suite 500, Islandia, NY 11749

Disclaimer

This page is for general informational purposes only and does not constitute legal advice.
Family Court procedures and outcomes vary by case—consult an attorney to discuss your specific situation.

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Recommended Interlinking

• Domestic Violence Cases
• Juvenile Criminal Matters
• Custody Cases