Legal Question in Family Law in New York

child abuse allegation

Over ten years ago I had been abusing drugs and basically turned myself in to the police because of a warrant and gave over custody of my then 6 month old daughter to my sister. When the child protection agency arrived they told me that I could not turn her over to my sister unless I signed a paper saying that I had neglected her, though I had not. This is now coming back to haunt me. I am now a licenced speech therapist and may have my licence revoked because of this. I just got a letter from the state saying that they would NOT expunge the record but will have a hearing to decide the case and I should bring an attorney to repersent me, but they have not decided on a date.

What should I do to prepare?

Another problem is that my mother (who has a mental disorder and is in the state mental facility right now) accusee me of abusing my daughter a few years ago when she was having a breakdown. Whic may look like another strick against me.

Thanks,

SG


Asked on 10/26/03, 1:35 pm

2 Answers from Attorneys
John Faust Faust & McCarthy

Re: child abuse allegation

Hello,

You really need to get a lawyer, fast. I would strongly suggest getting someone who is very familiar with the child proterction statute, and the local juvenile/family court. An ex-social worker, or ex-family court prosecutor would be good. Ask your county bar association for a referral along these lines and talk to two or three lawyers, until you finds someone you are comfortable with.

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Answered on 10/26/03, 7:35 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: child abuse allegation

YES, YOU SHOULD HAVE COUNSEL WITH IN ALL OF YOUR CONTACT WITH THE LICENSING AGENCY AND YOUR EMPLOYER.

IF YOU FAILED TO DISCLOSE CRIMINAL CONVICTIONS ON AN EMPLOYMENT OR LICENSING APPLICATION,THEN YOU COULD BE SANCTIONED OR PENALIZED ACCORDING TO THE APPLICABLE STATUTE.

IF THERE WAS A COURT FINDING OR ABUSE OR NEGLECT OF A CHILD (OR ACKNOWLEDGEMENT BY YOU IN YOUR LETTER OF SAME), THEN YOU ARGUABLY COULD BE DENIED EMPLOYMENT OR (LESS LIKELY, YOUR LICENSE).

IN THE INSTANCE OF THE HEARING YOUR CHARACTER AND FITNESS TO DEAL WITH (CHILDREN) NOW AND IN THE PAST WILL BE AT ISSUE. BUT IF YOU DID NOT LIE ON YOUR APPLICATION/S YOU HAVE A GOOD FIGHTING CHANCE OF RETAINING YOUR HARD WON RESPECTABILITY AND PROFESSIONAL GAINS. BUT, YOU SHOULD NOT REPRESENT YOURSELF.

GET A LAWYER!!!!!!

GOOD LUCK.

PHROSKA L. McALISTER

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Answered on 10/28/03, 11:09 am


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