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NY Appellate Court Hears Allegations of Neglect, Judgement for Defendant in Child Neglect Case


Queens Birth Injury 5

This is a case being heard in the Kings County Family Court. The case involves the children, Justin S., Brandon S., and Shyrelle F., all under the age of eighteen. A New York Injury Lawyer said the case is alleging neglect of the children by the respondent, Wendell S. The children, Brandon and Justin are represented by Michael A. Fiecter. Shyrelle is represented by attorney Kim Ostheimer. Christine Waer, Esq. who is the Special Assistant for the Corporation Counsel Administration of Children’s Services and is seeking charges of neglect. The respondent father is represented by Rhonda Weir, Esq. The non respondent mother is represented by Kim Ostheimer.

Case at Hand

After the initial fact finding case, the attorneys for the children have filed written summations. Additionally, the attorney for Brandon and Justin has moved for an order that dismisses the derivative neglect allegations of the case. A Brooklyn Personal Injury Lawyer said the Administration of Children’s Services is seeking a finding of neglect against the respondent in the case of Shyrelle and findings of derivative neglect of his two other children, Brandon and Justin. The respondent opposes both allegations and is seeking dismissal of both petitions. Brandon and Justin’s attorney seeks for the derivative neglect charges to be dismissed. The attorney for Shyrelle supports findings of neglect for her client.

Case Facts

The non respondent mother and the respondent father are married and have two children together, Justin and Brandon. The non respondent mother also has a daughter, Shyrelle. The father of Shyrelle does not live in the United States and the mother has full custody of the daughter.

Before this hearing, the respondent and the mother lived together with the three children in the city of Brooklyn. The respondent does not dispute the fact that he is legally responsible for the care of Shyrelle.

A petition was filed on behalf of Shyrelle by the Administration for Children’s Services stating that the respondent committed acts that constituted neglect. More specifically, it is stated that the respondent touched his step daughter inappropriately and also had conversations with her about sex that were uncomfortable. Bronx Personal Injury Lawyer said there is no allegation made in regard to sexual abuse and there is no allegation that the respondents actions were for the purpose of gratification sexually. The petitions allege that as a result of the actions of the respondent, the children are derivatively neglected.

When the petitions were filed the children were released to their mother under supervision from the Administration for Children’s Services. A protection order was issued for the children against the respondent, directing him to stay away from the children except for visitations with his sons that were supervised.

Court Decision

After reviewing the facts of the case and the credibility of the witnesses involved, the court finds that the testimony given by Shyrelle is sufficiently credible to find a support for neglect against the respondent. While there were some inconsistencies in her testimony, the court feels that her testimony is credible based on her demeanor while testifying. Additionally, the court found the respondents testimony in regard to the inappropriate touching lacking in credibility.

The court finds in favor of the child Shyrelle and grants the charges of neglect. In regard to the charges of derivative neglect for the two boys the court finds that the evidence is insufficient to establish this and dismisses the charges.

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