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Court Discusses Neglect of Children

This is a case of alleged neglect of two children; Kamiyah C. and Janiyah T. both are under the age of eighteen. The respondents of the case and the two people accused of neglecting the children are Amanda T. and Lateek C. The case is being heard in the Family Court of Kings County.

Case Background

A New York Injury Lawyer said the respondent mother, Amanda T. is the mother of both of the children in question. Lateek C., the respondent father, is Kamiyah’s father and is personally responsible for Janiyah. The two children were removed from the home of the respondents on the 30th of January, 2007.

In February of 2008, the NYCCS filed petitions of abuse against the respondents. The petitions stated that on the 30th of January the respondent father excessively used corporal punishment on Janiyah that left bruises, marks, and resulted in two black eyes. Additionally, the petitions state the respondent father had previously hit Janiyah in the face with a belt in November of 2007. The respondent mother is alleged to have neglected the children by not removing them from the home after the respondent father had inflicted excessive corporal punishment to them.

When the petitions were submitted, the NYCCS was granted custody of the children. The respondent mother requested a hearing to return the children to her. A Queens Personal Injury Lawyer said the matter was resolved without a hearing and the children were given to the respondent mother under the guidelines that she enroll in an anger management course, parenting skills class, and enforce the protection order against the respondent father. The protection order evicted the respondent from the home, and stated that he not commit any offenses toward either child, and that he was not allowed nearJaniyah. He was given supervised visitation rights with Kamiyah.

Court Discussion

In the instant case for neglect against Janiyah the NYCCS does not have to prove a course of conduct as it is considered that one incident is sufficient to establish neglect. There is no dispute that the respondent father hit Janiyah in the face with a belt and caused bruising in November of 2007. A Staten Island Personal Injury Lawyer said that Janiyah told the case worker that her father hit her again on January 30th. She stated that he hit her in the face, back, and legs. This corresponds with the testimony from the caseworker describing the bruises on the child.

In the case of the respondent mother neglecting Janiyah, the mother was not home when the incident in November occurred. She was told what happened when she returned home, but did not take any action to protect the child. The mother also tried to initially deny that the incident had occurred and Janiyah also tried to deny it stating that her mommy told her it was a secret and not to tell the truth.

Court Decision

After reviewing the case the court finds the respondent father guilty of neglect and the abuse allegations are dismissed. The respondent father is also accused of derivative neglect of Kamiyah. The children will be released to the respondent mother and the allegations of derivative neglect by the mother are dismissed. Upon release of the children to the mother a protection order will be placed against the respondent father. He is not allowed to come to the home and is only allowed supervised visits with Kamiyah.

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