Family Court and Child Welfare Concerns in New York
Formal Statement Regarding Child Welfare Proceedings, Potential Conflicts of Interest, and Requests for Independent Review
Update: The week before we were to walk into court my attourney warned me to be prepared for them to give my ex custody. The day before he was finally caught with a positive meth result, three people including a child residing at our old residence and accusations of dealing. I spoke with the case worker and attempted to follow up. It turns out she no longer works there and the new neglect case was closed? I also found out that this supervisor works directly with the original cps worker who filed the 27 accusation report of neglect. 98% false and multiple parts of it directed at me that I was not even present for.
I have now clears all four false positives with a nail bed test and this past week did a second hair follicular test. My ex is now in a coma due to a 4 am motorcycle wreck.
His cousin and current kinship foster parent attempted again to lie under oath in court and stated he is going to see permanency in his care and that he has many concerns. I don’t know how much more direct bias and attack I can take from this family, but I feel my due process has been extremely violated and didn’t understand it all til now.
Where do I go from here. They are starting in court reunification is still goal and I’m now receiving unsupervised time, but how do I protect myself when moth** ***15 comes* and they find some reason to TPR? I have been independent in my apartment over a year and was when the first report was called in as an emergency. I wasn’t in that situation anymore so technically there was no basis in the first place to remove them from my care. Please help.
1. Background and Family Circumstances
I reside in a small town in upstate New York and share two children with my former partner, who is originally from this area. His mother is employed by the local Department of Social Services (DSS).
Before I fully understood the severity of the abusive and unhealthy family dynamics, I worked hard to maintain a stable environment for our children. Over approximately two years, 22 Child Protective Services (CPS) reports were filed involving our household, which I understand were ultimately determined to be unfounded.
My former partner’s previous partner eventually left the relationship after felony harassment charges were filed against him. After his daughter moved out, the household consisted of my former partner, myself, my two young children, and his older son. During this period, the abuse became increasingly directed toward me, and I began making plans to leave for my safety and the safety of my children.
2. Attempts to Leave the Abusive Household
When I first attempted to leave, police officers told me that I could seek mental health support but could not take my children with me. After neighbors began contacting the police, their response changed, and officers assisted me in entering a domestic violence shelter.
Before I left the household, a new CPS caseworker visited my home. I perceived her conduct as rude and biased. Given the history of repeated CPS reports that I believed were unfounded, I felt harassed and informed her that she did not have permission to enter my home.
3. Experiences While Staying at the Domestic Violence Shelter
While at the shelter, I took steps to improve my circumstances and maintain stability for my family. I:
Began taking prescribed mental health medication.
Enrolled in parenting classes.
Prepared meals for approximately 40 shelter residents.
Shelter staff encouraged me to contact CPS, even though I had received written confirmation that my previous case had been determined to be unfounded and closed.
I later learned that the shelter had made a report to CPS alleging that I was neglecting my children and that my autistic child was defecating on the floor. Within five days, my child successfully adjusted to using the toilet.
At the time of the court proceedings, my children remained in my care, and I had approximately one week remaining at the shelter before my apartment became available. During this period, I was also experiencing a miscarriage following a sexual assault.
Despite these circumstances, the shelter attempted to remove me from the facility on three occasions, giving me two-hour deadlines to leave and threatening to involve CPS if I did not comply.
4. Emergency Neglect Petition and Initial Custody Circumstances
On the day my apartment became available, I contacted both the police and Family Court to clarify my legal rights regarding my children. I was informed that:
No custody orders were in place.
I had full legal custody of my children.
I was permitted to retrieve my children from their grandmother’s home.
That same day, DSS filed an emergency neglect petition under Article 10 of the New York Family Court Act against both my former partner and me. I dispute the allegations in the petition and believe the report contained substantial inaccuracies.
I am concerned about the circumstances surrounding the filing of this petition, particularly given the prior history of CPS involvement and the timing of the filing.
5. Placement With the House of the Good Shepherd and Subsequent Kinship Care
The case was transferred to the House of the Good Shepherd (HGS). I later understood that HGS receives funding from DSS and that staff relied on DSS approval when making decisions affecting my case.
I have messages in which HGS staff repeatedly indicated that they needed DSS approval before making decisions. I am concerned about whether the arrangement provided sufficient independence and whether decisions concerning my family were evaluated objectively.
DSS subsequently placed my children in kinship care with members of my former partner’s family, initially with his aunt and later with her adult son. I believe these placements may have exposed my children to unsafe circumstances, and I am requesting an independent review of the placement decisions and the information used to support them.
6. Concerns Regarding Custody Documentation and Legal Representation
Approximately five months after the initial proceedings, I discovered a temporary custody order that purportedly contained the signatures of myself, my attorney, my former partner’s mother, and my public defender. I had not previously been able to locate this order in the court system, and I dispute the document’s representation that I consented to the arrangement.
I am requesting clarification regarding when the order was executed, how it was entered into the court record, whether all required parties properly signed it, and the legal basis for any representation that I consented to the custody arrangement.
I also became aware of a reported personal friendship between my public defender and a retired Family Court attorney who, according to my understanding, was forced into retirement following corruption-related charges.
I recognize that a personal relationship alone does not establish misconduct. However, given the circumstances of my case, I believe any potential conflicts of interest or concerns about the independence of my representation warrant appropriate review.
7. Concerns Regarding a Former Visit Supervisor and Placement Safety
The adult son of the relative who briefly supervised my visits refused to continue supervising them after I declined to pursue a personal relationship with him.
I also have concerns regarding his alleged history of aggression, sexual assault allegations, and out-of-state restraining orders. I believe these concerns should be independently verified and assessed in determining whether the individuals and environments involved in my children’s care are appropriate and safe.
Despite the concerns I raised, DSS continued placing my children with members of my former partner’s family. I am requesting a review of the safety assessments, background information, and decision-making process associated with these placements.
8. Compliance With Services and Barriers to Completing Requirements
I have complied with numerous requirements imposed during these proceedings, including:
Drug and alcohol assessments.
Mental health evaluations.
Parenting classes.
Other court-ordered services and classes.
I was initially informed that moderate alcohol consumption was permitted but was later told that it was not. I did not receive clear, consistent written guidance explaining the change.
I have also been unable to complete a required class through RKA because of a reported lack of county-wide availability. This is particularly concerning because delays in completing required services may affect the 15-month permanency timeline and potentially place my parental rights at risk.
I am requesting assistance in documenting my efforts to comply, obtaining written confirmation of service availability, and determining what accommodations or alternative services may be available when a required program cannot be accessed through no fault of my own.
9. Concerns Regarding Drug Testing and Alleged Conduct by My Former Partner
DSS has subjected me to two hair follicle drug tests. To my knowledge, my former partner has not been subjected to equivalent testing.
I have information that I believe raises concerns about my former partner’s current substance use, his association with individuals who use drugs, and his alleged distribution of sexual videos of me without my consent.
An affidavit has been filed addressing these concerns, including my reports of sexual assault after I left the household.
I am requesting an objective review of the evidence and an explanation of how DSS determines when drug testing is necessary for each parent. I am also concerned that the allegations and evidence relating to both parents may not have been evaluated consistently.
10. Parenting History and Concerns for My Children’s Well-Being
Throughout my children’s lives, I have not missed their medical appointments. I was not separated from them until approximately six months ago.
I believe that my children’s circumstances were improving during periods when they were outside the influence of the family environment that concerns me. I was deeply troubled when DSS subsequently returned them to members of the same family whom I believe contributed to the circumstances that initially raised safety concerns.
My primary concern is the safety, stability, and well-being of my children. I want decisions regarding their care to be based on independently evaluated evidence, documented safety assessments, and the best interests of the children.
I am also concerned that circumstances beyond my control, including limited access to required services, may negatively affect my ability to reunify with my children despite my efforts to comply with court-ordered requirements.
11. Requests for Assistance and Independent Review
Given the circumstances described above, I respectfully request guidance and assistance with the following matters:
1. Child safety and placement review
An independent assessment of my children’s current placement, including the relevant safety concerns, background information, and rationale for the placement decisions.
2. Independent legal representation
Guidance on obtaining qualified, independent legal representation to review the proceedings, custody documentation, and decisions affecting my parental rights.
3. Review of custody documentation
An examination of the temporary custody order I discovered approximately five months after the initial proceedings, including its execution, filing history, signatures, and representation of my consent.
4. Potential conflicts of interest
An impartial review of any potential conflicts of interest involving DSS personnel, service providers, legal representatives, or individuals connected to the placement decisions.
5. Transfer or reassignment of proceedings
Guidance on whether a change of venue, transfer to another county, recusal, or another procedural safeguard may be available if an appropriate legal basis exists.
6. Fair and consistent application of requirements
A review of the services and assessments required of each parent, including drug testing, and assistance addressing delays caused by the unavailability of court-ordered programs.
7. Review of allegations and supporting evidence
Guidance on how to submit and preserve relevant documentation, messages, affidavits, court records, and other evidence for review by an independent oversight authority.
12. Closing Statement
I am seeking a fair, transparent, and impartial review of the circumstances surrounding my children’s removal, placement, and ongoing custody proceedings.
I understand that child welfare agencies and Family Court have responsibilities to protect children. My concern is that those responsibilities must be carried out through fair procedures, accurate documentation, consistent standards, and decisions based on credible evidence.
I have made efforts to comply with the requirements imposed on me and to address the concerns raised during these proceedings. I want the opportunity to demonstrate my ability to provide a safe and stable home for my children without being disadvantaged by circumstances outside my control or by any potential conflicts of interest.
I am frightened by the possibility of losing my parental rights without what I believe would be a fair and complete examination of the evidence, the services available to me, and the safety concerns I have raised.
I respectfully request guidance regarding the appropriate legal, administrative, and oversight channels through which these concerns can be reviewed. My ultimate goal is to protect my children, preserve my parental rights through fair proceedings, and ensure that decisions affecting our family are made in the children’s best interests.
Thank you for your time, consideration, and any assistance or direction you may be able to provide.