Best Interests Has Limits: Troxel, Bennett, and Palmore (NY Custody and Visitation)
A real-world custody and visitation guide for New York parents (and the people who love their kids).
Quick takeaways (plain English)
Courts talk about the child's best interests, but it is not a blank check to override a fit parent's...Article 78 for ACS Appeals in New York City
Disclaimer: This article is general information, not legal advice. Deadlines and procedures depend on the specific notice you received.
If ACS has accused you of abuse or neglect, or you received a Notice of Indication that can affect employment, licensing, or your family court case, start with our ACS...
Article 78 for OCFS Daycare Appeals in New York
If your child care program is facing an OCFS suspension, limitation, revocation, denial, or a proposed civil penalty, you are dealing with a deadline-driven enforcement process. The administrative hearing is only the first step. After a final determination, many providers challenge OCFS in a New York Supreme Court proceeding under CPLR Article...
Understanding NYS Justice Center Findings: Abuse, Neglect, the Staff Exclusion List, and Employment Consequences
Disclaimer: This post is for general informational purposes and is not legal advice. If you have a pending investigation or substantiated finding, consult counsel about your specific facts and deadlines.
If you work in a program overseen by the New York State Justice Center for the Protection of People...
Overcapacity and Ratio Allegations in NY Daycare Cases
Disclaimer: This article is general information, not legal advice. Facts matter. Read full disclaimer.
Quick Takeaways Overcapacity and staff-to-child ratio issues are treated as high-risk because they can be framed as an “imminent danger” condition in OCFS enforcement actions.Emergency OCFS Suspension in New York: What “Imminent Danger” Means + The 10-Day Deadline to Request a Hearing
An emergency OCFS suspension or limitation can shut down (or sharply restrict) a New York child care program before you ever get a hearing. In plain terms: if OCFS finds “imminent danger,” it can temporarily suspend or limit your license/registration on written notice, and the program stays suspended while the case...
OCFS Daycare Enforcement Hearings in New York: Evidence Rules, Burden of Proof, and What Actually Moves the ALJ
If you run a licensed or registered child care program in New York and OCFS sends you a Notice of Hearing, you are no longer in the “fix it with a Corrective Action Plan” phase—you are in a formal enforcement case that can decide whether you stay open.
These hearings are not exactly...
OCFS Daycare Penalties in New York: When License Revocation Is Excessive (and How to Fight It)
If you operate a daycare in New York, an OCFS enforcement case can move fast: a violation letter becomes a proposed penalty, then a hearing notice, and suddenly your livelihood is on the line. This post focuses on one issue providers often overlook until it’s too late: penalties. Even when OCFS proves...
Indicated by ACS? A 30-Day Checklist to Protect Your Name, Job, and Family in New York
Getting a Notice of Indication from ACS (or learning you’re listed on New York’s State Central Register) can feel overwhelming—especially if you work with children, are applying for a license, or are in a Family Court case.
This post is a practical, time-sensitive checklist for what to...
Article 78 After an OCFS Fair Hearing: How to Build a Record for Reversal (Without Relying on Luck)
When someone loses an OCFS/SCR fair hearing, they often assume the case is over. But a fair hearing decision is not the last word. In many cases, the next step is an Article 78 in New York Supreme Court.
This post is a practical guide to (1) how courts...