Child Abuse and Neglect Proceedings (Article 10)
Article 10 of the New York Family Court Act governs court cases that a child protective agency brings against a parent or other person legally responsible for a child, alleging abuse or neglect. Unlike a CPS investigation, an Article 10 case is a court proceeding, with a judge, an agency attorney, an Attorney for the Child, and a right to counsel for the parent. Gregory Salant represents parents at every stage. His experience on the other side of these cases as an Attorney for the Child gives him a broad view of how they unfold.
Situations Gregory handles
You have been served with a petition or told to appear in Family Court.
A child has been removed from your care, or you have been ordered out of the home.
Your visits are supervised and you are working toward reunification.
Emergency removals
A child may be removed from the home without a prior court order only in limited emergency circumstances, where there is imminent danger to the child's life or health and not enough time to get a court order. The agency must then bring the matter before the court. The agency may also ask the court for a removal order before or after a petition is filed.
Hearings after removal
After a removal, the court holds a hearing to decide whether the child should remain out of the home pending the case. A parent may also apply for the child's return; except for good cause, that hearing must be held within three court days. The court must return the child unless it finds that return presents an imminent risk to the child's life or health, and it may issue a temporary order of protection instead of or alongside other orders.
Temporary orders
While the case is pending, the court may issue temporary orders of protection, exclude a person from the home, set supervised visitation, or order services.
Fact-finding hearing
This is the trial stage, where the court decides whether abuse or neglect has been proven. The agency bears the burden of proof, by a preponderance of the evidence. Special evidentiary rules apply. For example, a child's prior statements about abuse or neglect are admissible, but uncorroborated statements are not enough on their own for a finding.
Dispositional hearing
If a finding is made, a separate dispositional hearing determines what happens next. Possible outcomes include a suspended judgment, release to a parent under supervision, placement, or an order of protection. Some cases resolve without a fact-finding, for example through an adjournment in contemplation of dismissal, which requires the consent of the parties and the child's attorney.
Related proceedings
Article 10 cases can affect pending custody cases and the SCR record, and may be followed by permanency hearings. Gregory coordinates these related matters for his clients.
Common questions about Article 10 cases are answered in our frequently asked questions.
Served with an Article 10 petition? Schedule a Consultation · (914) 683-2500