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Law & Mediation Office of Lewis S. Calderon

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Won affirmance on behalf of the child of order of neglect against the mother.

Matter of Shawntay S. (Stephanie R.), 114 AD3d 502 (1st Dept 2014)

In an appeal from a finding of neglect where I represented the child on appeal, the First Department accepted my argument that the determination that respondent neglected the child is supported by a preponderance of the evidence, which shows that mother refused to take the child home upon his discharge from the hospital, where he had received psychiatric treatment, and, that despite petitioner’s caseworkers’ and a hospital social worker’s attempts to discuss the child’s future psychiatric needs with her, the mother requested that he be placed in foster care and refused to make alternative plans for him.  The Court also accepted my argument, contrary to respondent’s contention, that the mother’s refusal to allow her son back into her home and her failure otherwise to plan for his care manifested an intention to abdicate her parental responsibilities, which placed the child at imminent risk of impairment.

http://www.nycourts.gov/reporter/3dseries/2014/2014_00950.htm