Daycare Staff Accused of Neglect in NYC: What Are Your Legal Options?
Accusations of neglect against daycare staff or daycare owners in New York City can lead to serious repercussions for the individuals and the child care facility involved. These repercussions may include the loss of your right to work with children or the loss of your childcare business.
If you...
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...
The 8-Year Rule for Indicated Maltreatment Reports: What Automatically Changes – and What Does Not
If you have ever been indicated in the New York State Central Register (SCR), you already know the fear that comes with childcare-related background checks. People often hear a version of: 'It stays on your record forever.'
The reality is more nuanced. New York law treats certain indicated maltreatment-only...
The OCFS “Relevant and Reasonably Related” Decision Is Not Automatic: A Factor-by-Factor Strategy (and What Hastings v. OCFS Teaches)
If you are the subject of an indicated SCR report, you are usually told (directly or indirectly) that there are only two outcomes: win the hearing and clear your name, or lose and live with the consequences. That framing is wrong.
In many cases, the "relevant and reasonably related"...
Clearing Your Name — How a Parent Fought Back Against ACS and Won Reform
Imagine this: A parent is accused by their child, a case goes to Family Court, and the judge dismisses the claim. It seems resolved—except it isn’t. Even with that dismissal, the parent’s name might still be entered into New York’s child...
When Absences Turn into Legal Risk — How a Parent Can Respond to Charges of Educational Neglect
A few missed school days may seem harmless. But in New York, chronic absenteeism or excessive lateness can escalate from a “school issue” into a legal one. When that happens, a parent may find themselves defending against accusations of educational neglect—a serious matter...
Understanding the Difference Between Child Abuse and Neglect Under New York Law
In New York Family Court, the terms child abuse and child neglect often appear together — yet they describe very different legal standards. Both are governed by Article 10 of the Family Court Act (FCA), but the difference lies in the nature of harm to the child and the conduct of the...
Mandated Reporter Reform in New York: Protecting Children with Disabilities from Misinterpreted Neglect
In November 2023, New York passed a law with profound implications for child abuse investigations—especially for families of children with intellectual or developmental disabilities. Chapter 646 of the Laws of 2023 amends Social Services Law §§ 413 and 421, requiring the Office of Children and Family Services (OCFS) to update its mandated...
Can You Be Indicated for Neglect for Leaving Your Kids Alone? Brooklyn ACS Defense Lawyer Explains What Happened in the Charlotte MM Case
By George M. Gilmer, Esq. | Gilmer Law Firm PLLC | Call 718-864-2011
What Every Parent in Brooklyn Needs to Know About OCFS Indicated Reports and Article 78 AppealsIf you live in Brooklyn or anywhere in New York City and you’ve been “indicated”...
What Is the Difference Between Neglect or Abuse Proceedings in Family Court and Administrative Hearings to Amend an Indicated Report with OCFS?
When someone is accused of child abuse or neglect in New York, it’s crucial to understand which legal process applies—and what’s at stake. At The Gilmer Law Firm PLLC, located in Brooklyn, New York, we represent parents, caregivers, and alleged perpetrators in both Family Court Article 10 proceedings and administrative hearings to...