WAS SHE GUILTY OF NEGLECTING EDUCATION?
In Matter of Ashley X. v. Katherine X., the Rensselaer County Department of Social Services (DSS) sought to have Katherine X.'s daughter, Ashley X., declared "neglected" because the child missed 25 days of school while in her mother's custody.
When the Rensselaer County Supreme Court found against Katherine X., and placed Ashley X. under DSS's supervision for a year, Katherine appealed.
The Appellate Division, Third Department, noted that "neglect" can be established when there is by a high rate of unexcused absences which detrimentally affect a child's education.
While Katherine X. alleged that the absences were due to the child's illness, she never took Ashley X. to the doctor, nor were school personnel advised of a medical condition. Further, Ashley X.'s second grade teacher testified that the child was behind in several subjects, but would improve if she regularly attended school.
Maybe now, Ashley will get a chance to Xcel.
To download a copy of the Appellate Division's decision, please use this link: Matter of Ashley X. v. Katherine X
TrackBack
TrackBack URL for this entry:
http://www.nyrealestatelawblog.com/mt/mt-tb.cgi/2726
Comments
Another creative and productive use of the judicial resources of the state of New York and its taxpayers money.
Fascists!
Posted by: Gines Pasamonte | August 13, 2008 6:03 PM
MUSS-O-LINI!
MUSS-O-LINI!
MUSS-O-LINI!
Posted by: ALesbo | August 13, 2008 7:06 PM