In Matter of Alexander D. v. Victoria D. , the Administration for Children's Services ("ACS") brought a case for educational and medical neglect against the parents of Edward D., a 10 year old autistic child, who missed 14 days of school and supposedly do to a fall down a flight of stairs. After Edward's fall, his parents failed to seek medical attention.
A child protective specialist, who examined Edward after the fall, reported "a black and blue mark and a scratch on Edward's face and no other evidence of any injury." There were no cuts on his arms or legs nor was any limping observed.
When the New York County Family Court concluded that Edward's parents medically and educationally neglected Edward and another child in their care, an appeal to the Appellate Division, First Department, ensued.
The AD1 found that Edward's absence from school did not affirmatively establish "parental misconduct" or neglect. The record evinced that Edward's parents were "actively engaged" in securing an appropriate education placement for him and there was no evidence that the child's education had been adversely affected by his absences from school.
The AD1 further believed that the parents' actions in attending to Edward after his fall were adequate to refute any medical neglect allegations.
Additionally, the appellate court did not agree that the parent's actions toward Edward derivatively established neglect of their other child nor demonstrated "such an impaired level of parental judgment as to create a substantial risk of harm to the other child in respondents' care."
While the AD1 clearly construed the law and facts in the parents' favor, we can only hope they were correct in so doing.
To download a copy of the Appellate Division's decision, please us this link: Matter of Alexander D. v. Victoria D.