Family Court judge orders birth control in neglect case

A New York State Judge has ordered a woman not to get pregnant again until after she regains custody of her youngest child.

In Matter of Steven D. (Brandy F.), Monroe County Family Court Judge Patricia E. Gallaher made the order after finding the respondent was "a drug-addicted admitted prostitute, mother of 4 children, none of whom are in her care [and] having removed the fourth child from the mother who does not know who the father is." The judge also discussed the mother's "history of drug usage, her failure to get substance abuse and mental health treatment as previously ordered, by her failure to have suitable housing for herself and the newborn infant, and ...the failure to plan for the baby and have baby supplies."

Noting, "(s)ociety and its problems are changing, especially with the incredible rise in the use of heroin, and this court needs to adjust in response, instead of doing the same tired routine which does not solve the obvious problems in so many cases," Gallaher held:

To that end, this Court is directing DHS to include provisions in the final dispositional order that (1) requires DHS to comply with SSL § 131-e, (2)directs respondent to listen to the birth control counseling the county is required to provide pursuant to Social Services Law, section 131-e, (3) directs respondent to see her ob-gyn doctor for whatever confidential advice that doctor may give her regarding birth control, sexually transmitted diseases, and anything else, (4) directs respondent see her regular medical doctor regarding her health generally, including her addiction, and (5) directs respondent to take whatever steps she chooses (at no financial cost to her but at the expense of the Department if there is any expense) to prevent her from conceiving another child, fathered by anyone, until she gets baby Steven safely out of foster care and back in her care.

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In the instant case, it is the intent of this Court to require, not that the mother refrain from ever getting pregnant in the future, but to put in place a way for this young woman to get the help she needs before she gets pregnant again, to put in place safeguards and knowledge for the mother to avoid pregnancy, and to enable some measure of compliance, so that if this mother does again become pregnant, any future unborn fetus may get the significant intervention necessary to ensure the positive health and development of the unborn child. There has been ample evidence admitted in this case to show the pattern and history of drug abuse by this mother, the pattern and history of giving birth to drug-addicted infants, and the pattern and history displayed by this mother who essentially leaves the young drug-addicted infants with others who can care for the babies, while never really engaging in services to help herself, despite the repeated and numerous offerings. An intervention in this cycle is needed here, and that is what this Court is doing.

In addition, Gallaher cited the constitutional issues raised by her decision and urged the Appellate Courts to review same.

The complete decision can be found here.

Second Chance for $3 Million in E-Waste Recycling Grants

DEC Announces Second Chance for $3 Million in E-Waste Recycling Grants:

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos announced today that a second round of grant funding from the Environmental

Protection Fund (EPF) is being made available to help municipalities across the state address costs associated with the collection and recycling of eligible electronic wastes (e-waste). The recently completed application period in October generated $1.2 million in grant requests, leaving almost $1.8 million available for a second chance opportunity that will be held in January 2017 for municipalities that missed the initial application period. DEC will accept applications for second chance opportunity funding from January 2 through January 31, 2017.

Municipalities may receive reimbursement of up to 50 percent of eligible expenses incurred for recycling of e-waste between April 1, 2016 and March 31, 2017. Application materials, guidance documents, and important information for Electronic Waste Assistance Grants are available on the DEC's website.

New York's new laws for the New Year

Here’s a round up of some new laws coming to New York in 2017, including:

An increase in minimum wage;
The cost of naloxone, the drug used to treat drug opiate overdoses, will be covered by insurance companies;
Expanded breast cancer screening and treatment for some;
Teens ages 16 and 17 applying for a learner’s permit can now become an organ donor;
Traffic control devices at rail grade crossings will be inspected more often;
A tax credit extension for some parents;
Measuring window tints during vehicle inspections;

Other new laws include:

Starting Jan. 17, funeral homes statewide will be allowed to serve light fare — such as baked goods, sandwiches, snacks and food platters — and nonalcoholic beverages [to] "provide nourishment to sustain the family of the deceased at their time of need."
A measure, taking effect Jan. 7, that will prohibit the sale under any other name of the fish known to marine taxonomy as escolar. The fish, sometimes marketed as "white tuna," has a unique metabolism that makes it difficult for some diners to digest, often leading to what the bill's authors term "purgative effects that are not associated with eating tuna."
A provision that takes effect Feb. 26 that cracks down on the use of so-called "ticket bots" to unscrupulously scoop up event tickets for resale.

Audit Finds NYS made $6.8 Million in Medicaid Overpayments

New York State’s Medicaid system made approximately $6.8 million in inappropriate payments, including $3.5 million for separately billed medical services that should have been covered by managed care plans, according to an audit released by the State Comptroller. By the end of audit fieldwork, about $2.4 million of the overpayments were recovered.

New York’s Medicaid program, administered by the state Department of Health (DOH), is a federal, state, and locally funded program that provides a wide range of medical services to those who are economically disadvantaged or have special health care needs.

Read the full report here.

NYS Police Chiefs want ride-sharing services in upstate to help reduce drunk driving

New York Daily News:

The head of the state Association of Chiefs of Police is calling on Gov. Cuomo to expand ride-sharing services like Uber and Lyft to upstate to curb drunk driving.

In a letter to Cuomo, Cheektowaga Police Chief David Zack wrote that upstate accounts for 51% of all licensed drivers in New York, but 65% of alcohol- and drug-impaired arrests and 59% of all fatal and personal injury crashes.

The percentages are significantly lower in New York City, which offers an array of ridesharing and mass transit options that upstate does not, Zack wrote.

Schuyler County Legislature Meeting. December 12, 2016

WENY-TV:

Upcoming Family Court Event: Transforming Child Welfare and Children's Lives.

On December 13, the Schuyler Center for Analysis and Advocacy Policy Forum will present Transforming Child Welfare and Children's Lives:Proven Strategies that Strengthen Families.

The event is billed as "a conversation about 'What Works' with individuals touched by child welfare systems."

Participants will include: Anni Keane and Rose Williams from You Gotta Believe - a NYC organization that seeks to find permanent homes for older children in the foster care system; Sheila J. Poole, the Acting Commissioner from the New York State Office of Children and Family Services; Linda S. Spears, Commissioner of the Massachusetts Department of Children and Families; Molly McGrath Tierney, the Director of the Baltimore City Department of Social Services; and Jeanette Vega from Rise - a parent support organization in NYC.

The event will run from 1:00 pm to 4:00 pm in the Dora Maxwell Auditorium, 700 Patroon Creek Blvd, Albany, NY 12206.

Conservative Party joins fight for New York indigent defense funding

New York Daily News:

It isn't often that the state Conservative Party is in agreement with liberal groups, but that is the case when it comes to urging Gov. Cuomo to sign a bill that would gradually shift the funding of legal services for the poor from the localities on to the state.

The Conservative Party... said that a requirement that the state's counties, including the five boroughs, fund legal defense programs for the poor amounts to an unfunded mandate that is choking the finances of the localities.....

The bill has won the support across the political spectrum....The New York Civil Liberties Union, the state Catholic Conference, NAACP, Lambda Legal Defense Fund, National Association of Criminal Defense Lawyers, Innocence Project and the Brennan Center for Justice have also urged Cuomo to sign the bill.

Warning: Email Phishing Scam

The New York State Bar Association is aware of an email phishing scam that is targeted at attorneys.

The current email subject line says: "The Office of The State Attorney Complaint." No such office exists in New York.

If you received the email, please delete it immediately. Do not follow any links or open any attachments. If you do, your computer or cell phone could be exposed to a virus.

The Office of the New York State Attorney General has issued a press release about the scam. Link: http://www.ag.ny.gov/press-release/ag-schneiderman-issues-alert-phishing-scam-targeting-new-york-attorneys.

For more information about how the AG's office handles complaints against businesses, go to: http://www.ag.ny.gov/consumer-frauds/Filing-a-Consumer-Complaint.

Catholic, Civil Rights, leaders urge Cuomo to sign indigent defense bill

New York Law Journal:

New York state's Roman Catholic church leaders and a coalition of civil rights and legal groups are urging Gov. Andrew Cuomo to approve state takeover of local government costs of legal representation for indigent criminal defendants.

"The Catholic Conference believes a well-resourced indigent legal defense program is firmly in keeping with our long-standing advocacy of criminal justice reform and must be supported," the executive director of the New York State Catholic Conference, Richard Barnes, said in a letter to the governor Nov. 23.

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In a separate letter earlier this month, national NAACP President Cornell William Brooks told Cuomo that the faults of "New York's underfunded patchwork system are well-documented."

Brooks was joined by leaders of the Brennan Center for Justice, the Fund for Modern Courts, the Innocence Project, the Lambda Legal Defense Fund, the National Association of Criminal Defense Lawyers and 16 other groups.