Kyra’s Law: reforms proposed to address domestic violence, protect children

A proposed law to reform New York State’s divorce and Family Courts to protect children and families at risk of domestic violence, is moving closer to passage.

"Kyra’s Law," currently in committee, would amend Domestic Relations Law 240, adding a number of requirements and presumptions in any custody and visitation proceeding involving allegations of child abuse or domestic violence by a parent, regardless of whether the allegations involve the subject child.

The provisions include:

• A requirement that the court must first consider allegations of child abuse or domestic violence before considering any other best interest factors and hold a hearing on the allegations within 60 days of the filing of a petition.
• If the court finds a pattern of domestic violence or child abuse, then the court must award sole custody to the “non-offending parent” and must suspend visitation, or only award professionally supervised visitation, without court discretion.
• In any custody and visitation proceeding where such pattern is found, concerns regarding parental alienation are not admissible and may not be considered in a best interests determination.

The proposed law would also mandate domestic and child abuse training for state judges and other court officials.

For the complete text of the proposed law, click here.

Schuyler County Attorneys to Present at New York State Public Welfare Conference

Schuyler County Attorney Steven Getman has announced that two assistant county attorneys will share insights on child abuse investigations and court orders at the upcoming New York Public Welfare Association (NYPWA)’s Winter Conference on Thursday (January 20).

Assistant County Attorneys Kristin Hazlitt and Vinton Stevens will present a one-hour continuing legal education class, “Obtaining a CPS Access Order When Efforts at Persuasion Fail.” The course, designed for new and experienced attorneys, will look at cases where Department of Social Services child protective services (CPS) and law enforcement respond to a location after receiving a report of possible imminent danger to a child’s life or health and the adult subjects refuse to allow access to the home or child.

“Although DSS is usually able to obtain voluntary access to a home to investigate concerns about possible child maltreatment, occasionally a parent will refuse access,” Getman explained. “This presentation will discuss the law, the rights of the children and parents and administrative guidance for obtaining an access order in these situations.”

This year’s annual NYPWA winter conference, its 153rd, will be held virtually on January 18-21 and January 24-28.

NYPWA was founded in 1869 as the first public welfare association in the United States. It independently represents all of New York's 58 local social services districts. NYPWA is an active partner with government agencies, associations, and community organizations. It fulfills a key public role while presenting a variety of opportunities to exchange ideas, develop new initiatives, and refine existing programs and services.

The Schuyler County Attorney is the prosecuting attorney for all county agencies involving civil cases, including family court matters involving abuse and neglect investigated by the Schuyler County Department of Social Services. Assistant County Attorneys are appointed by Getman, as County Attorney, to assist with the litigation of the various types of civil cases brought by the county.

Hazlitt is originally from Schuyler County and commenced her legal career in Washington, DC after graduating cum laude from American University, Washington College of Law in 1989. She joined the county attorney’s office in 2002. Stevens was born and raised in Elmira, graduated from the University of Rochester and Temple University School of Law and has worked for the county since February 2019.

Making a Parental Designation: Options available if parents are unable to temporarily care for their children.

The article, “Parental Designation: A Way of Planning for the Expected and Unexpected,” suggests how making a “parental designation” under General Obligations Law 5-1551, can be an option for parents who need to make alternative living arrangements for their children without surrendering parental rights or involving Child Protective Services (CPS).

The option is not available to everyone. It requires having a person who is willing and able to take on the responsibility of being a “designee.” In addition, it will not prevent an investigation or court proceedings that might arise under the Social Services Law, the Family Court Act or the Penal Law.

The specific requirements for drafting a valid “designation” can be found in General Obligations Law 5-1552. In addition, a pre-printed form can be found here (forms are not a substitute for accurate legal advice).

Persons interested in exploring the “parental designation” option are encouraged to consult competent legal counsel of their own choosing.

New York’s Highest Court denies appeal in Schuyler sex abuse case.

The New York State Court of Appeals, the state’s highest court, has rejected a Schuyler County man’s latest attempt to appeal a finding that he had sexually abused his four-year-old daughter and neglected his three minor children.

On Thursday (April 30, 2020) the Court denied the man’s motion for leave to appeal an October 2019 decision of the New York State Supreme Court’s Appellate Division.  That prior decision, “Matter of Lawson O.,” unanimously affirmed a Schuyler County Family Court order made  by Judge Dennis Morris in 2017.

The Schuyler County Department of Social Services (DSS) had charged the man in Family Court with abuse and neglect  of his children following receipt of a child protective services hotline report in January 2016. According to testimony before the Family Court, the man’s daughter had been discovered acting out sexually and then disclosed to a family member that her father had been having oral sexual contact with her.

Following a hearing in 2017, Morris determined that the girl’s out-of-court statements regarding the alleged sexual abuse were sufficiently corroborated and that the father had abused his daughter, derivatively abused her two siblings and neglected all three of his children. Therefore, he entered an order of protection, directing the father have no contact with the children, other than supervised visitation and communications reviewed and approved in advance by DSS, and directing him to enter sex offender treatment.

The father, through attorney Dana Salazar, appealed to the Appellate Division, alleging that the Family Court’s finding of abuse was not adequately established by the evidence.

Schuyler County Attorney
Steven Getman

The DSS was represented on appeal by Schuyler County Attorney Steven Getman. Getman asked the appellate court to uphold the Family Court findings. Getman argued that that the girl had demonstrated an “age-inappropriate knowledge of sexual activity” through her behaviors prior to the disclosure, supporting her description of abuse. He also cited evidence of prior sexual abuse allegations against the father involving other family members, and the father’s admissions that he spent approximately eight months in jail stemming from an earlier sexual abuse charge related to a niece. Getman also pointed out the father had admitted on the stand to lying to law enforcement officials, thereby showing a propensity for dishonesty.

The Appellate Division agreed with DSS, finding “a sound and substantial basis exist[ed] in the record to support Family Court’s finding that respondent abused the daughter.” Therefore, it upheld the Family Court order in all respects.

The father, again through Salazar, thereafter moved for leave to appeal to the New York State Court of Appeals.      The DSS, through Getman, opposed the motion, arguing that the Appellate Division’s decision was consistent with longstanding precedent.

In Thursday’s decision of the Court of Appeals rejected the father’s motion without comment, holding simply “Motion for leave to appeal denied.”

According to Getman, this decision effectively ends the father’s ability to challenge the Family Court’s abuse and neglect findings.

Neither the Court of Appeals nor the Appellate Division decision names the father or the children, using pseudonyms to protect the children’s privacy.

The Schuyler County DSS is the lead civil investigative agency for cases of alleged child abuse and neglect. The Schuyler County Attorney is the prosecuting attorney for all county agencies involving civil cases, including Family Court matters involving abuse and neglect.

Both agencies were assisted in the investigation of the case by members of the Schuyler County Sheriff’s department.

Schuyler County officials recognize April as “Child Abuse Prevention Month.”

Members of the office of Schuyler County Attorney Steven Getman assisted with the county’s “Pinwheels for Prevention” program to raise awareness of April 2019 as “Child Abuse Prevention Month.”

Under the campaign, officials promote preventing child abuse by distributing pinwheels and hosting educational events.

Schuyler County has set up a Pinwheels for Prevention garden outside the County Courthouse at 105 Ninth Street, Watkins Glen.

The county attorney’s office, which prosecutes civil cases of child abuse and neglect for the Department of Social Services, assisted DSS staff and Glove House employees in setting up the garden and distributing pinwheels.

Top photo: From left to right are: Secretary Maryann Friebis, County Attorney Steven Getman, Assistant County Attorney Vinton Stevens and Secretary Brandy Bower (absent: Deputy County Attorney Kristin Hazlitt).

Bottom photo: Steven Getman helps to set up the Pinwheels for Prevention campaign outside the courthouse.

For more on "Child Abuse Prevention Month," click here.

Appeals court upholds Schuyler severe abuse case; Schuyler man's parental rights terminated.

A New York State Appeals Court has upheld the termination of parental rights of a Schuyler County man who was found to have severely abused and/or permanently neglected his children.

In a decision dated February 21, and posted to Westlaw thereafter, the Supreme Court, Appellate Division, Third Department agreed with the office of Schuyler County Attorney Steven Getman that the children were permanently neglected and that a finding supported termination of the man's parental rights, thereby freeing the children for adoption.

“This Court found a sound and substantial basis in the record to support the findings of abuse and neglect,” the court held. “In 2015, the (man’s) daughter sustained severe injuries (including) a spiral fracture of her left tibia in March 2015 and a life-threatening subdural hematoma and bilateral retinal hemorrhages in May 2015.”

“(The) Family Court's determination to terminate respondent's parental rights was supported by a sound and substantial basis in the record,” the court held, noting that the father had failed to work with county agencies to rehabilitate himself.

“Despite the provision of numerous services, repeated reminders to engage in same, a court order requiring his cooperation and participation in such services and the passage of nearly three years from when respondent's children were removed from his care and the date of the dispositional hearing, (the father) had not completed parenting education and, more importantly, had only recently engaged in mental health treatment.”

The court’s decision, Getman said, means that the children can be adopted by fit and willing adoptive parents.

“We are happy that the court upheld the decision to terminate parental rights,” Getman said. “The injuries described in the original petition were horrific.”

“We want these kids to be safe and ready to have a loving and safe family take them in permanently,” Getman said. “The Commissioner of Social Services, JoAnn Fratarcangelo, is working to ensure that happens as soon as possible.”

The Schuyler County Department of Social Services is the lead civil investigative agency for cases of alleged child abuse and neglect. The Schuyler County Attorney is the prosecuting attorney for all county agencies involving civil cases, including family court matters involving abuse and neglect.

The names of the man and his children were withheld to protect the innocent.

The Office of Steven J. Getman, Schuyler County Attorney, represented the Department of Social Services. The father was represented by McGraw attorney Lisa K. Miller. Pamela Gee, of Big Flats, served as attorney for the subject children.

The complete decision can be found here

Matter of Logan C by on Scribd

Third National Prosecutors' Summit on Child Abuse

The Association of Prosecuting Attorneys' Child Abuse Prosecution Project will be holding its third National Prosecutors’ Summit on Child Abuse and Neglect.

The summit is being held in Montclair, New Jersey on September 25-27 and featurs instruction from leading experts in the field of child abuse and neglect on cutting edge topics employing the most current model practices for investigating and prosecuting cases of child abuse and neglect.

These three days will consist of multiple tracks being available for prosecutors, investigators, law enforcement, forensic interviewers, social workers, and other multi-disciplinary team members.

The conference is being co-sponsored by the Northeast Regional Children’s Advocacy Center, the New Jersey Children's Alliance, the New Jersey Division of Criminal Justice, and Montclair State University.

For more information, click here.

Bill to crack down on child sex trafficking set to pass

New York Post:

A bill to crack down on predators who force or manipulate children into prostitution is headed for passage this year, lawmakers said Thursday.

The revised law would punish anyone who intentionally promotes or profits from prostitution of people under the age of 18 with a felony sex trafficking charge — without having to prove the child was compelled....

The Senate has already passed a similar version of the ... bill, which was sponsored by Andrew Lanza (R-Staten Island)....

The bill set for passage makes it a separate class B felony for anyone 21 or over to promote or benefit from the prostitution of anyone under 18.

It also says that arguing that a perpetrator didn’t know a victim’s age is no longer a valid defense.

Intellectual Disabilities and Family Court Representation Webinar

The National Research Center for Parents with Disabilities is sponsoring a free webinar for attorneys who represent parents with intellectual disabilities in family court proceedings on Wednesday, February 21 from 2:00-3:00 pm.

Issues to be addressed include the application of disability law in the child welfare system and strategies for best representing those parents.

For more information about the webinar and how to register, please click here.

New York State Appeals Court decides Schuyler County child abuse case.

Albany, NY- The New York State Supreme Court’s Appellate Division issued a decision on Thursday (October 19, 2017) largely upholding a Schuyler County Family Court order that found two local children to be neglected, abused, derivatively neglected and/or derivatively abused.

The Appellate Division further held that that the Family Court should have granted the County Attorney’s application to adjudicate one child to be severely abused at the hands of her father.

The Family Court case was prosecuted by the Office of Schuyler County Attorney Steven Getman. The appeal was argued for that office by Assistant County Attorney Kristin Hazlitt.

The decision, “In the Matter of Logan C. and another, alleged to be Neglected, Abused and/or Severely Abused Children” is available on the court’s website here. (The names have been changed to protect the innocent)

Trauma Information for Child Welfare Attorneys

In collaboration with the National Child Trauma Stress Network's Justice Consortium Attorney Work Group, the ABA Center on Children and the Law recently released Trauma: What Child Welfare Attorneys Should Know.

This resource is meant to "strengthen advocacy, improve attorney-client relationships, and promote appropriate screening, in-depth assessment, and evidence-based treatment" by advancing the policy of trauma-informed practice. Practice tips include suggestions for targeted advocacy in response to a client's exposure to traumatic events.

Additionally, information regarding secondary traumatic stress is provided to prevent or address this issue for those who work in the child welfare system.

Suspectology: Getting into the Child Sexual Offender’s Mind to Improve Interview Strategies

Getting into the mind of a child sexual offender can increase the success law enforcement may have when interviewing the offender and investigating the case.

This webinar, sponsored by the Association of Prosecuting Attorneys, will explore the background of child sexual abuse, factors affecting child sexual offenders, and discuss and distinguish the terms “child molester” and “pedophile.”

The workshop will also identify common child sexual abuse se defenses and law enforcement strategies, and discuss how a deeper understanding of the child sexual abuser typologies and factors can improve offender interview strategies.

For more on this program, click here.