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Driving Intoxicated With Children In the Car Is Neglect

=Jacquline M. drove her car with her children in it while she was intoxicated. The Department of Social Services was notified of the situation. They investigated the matter and brought a proceeding in the Family Court claiming that Jacquline’s actions amounted to neglect of her children.

The children’s father also had some problems. He did not take anti-seizure medication because he wanted to drink alcoholic beverages. He was aware his failure to take the anti-seizure medication could cause him to become violent when having a seizure.

Both parent’s actions amounted to child neglect pursuant to the Family Court. Both parents appealed the court’s decision. The Appellate Court found that both parent’s neglect was supported by the evidence.

Dissenting Opinion

One of the Appellate Judges strongly dissented from the court’s decision. The Judge stated “there were no allegations of actual harm, thus, could not conclude the agency established either parent placed the children in eminent danger of physical, emotional or mental impairment.” The Judge also stated there was not sufficient evidence to show the mother was intoxicated or that her actions put the children at risk.

Child Abuse and Child Neglect Lawyers

The Law Offices of Schlissel DeCorpo have been protecting both mother’s rights and father’s rights in child neglect and child abuse cases. We represent individuals brought up for child abuse by Child Protective Services (CPS) and Administration for Child Services (ACS). We provide aggressive child abuse defense on behalf of our clients in both the Criminal and Family Courts. We represent both fathers and mothers in cases involving Social Services trying to change custody or visitation. We also represent individuals with regard to applications for orders of protection. Should you, a friend or family member have a divorce , Family Court or criminal problem related to actions involving children, feel free to call us. We have developed an expertise in handling these cases. Our phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802.

Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick, Bellmore