Nicholson v. Scoppetta

No. 113 (N.Y. Ct. App. Oct. 26, 2004) ; Clearinghouse Number: 54616

Description

Allegation That Child Witnessed Domestic Violence Is Insufficient to Find Caretaker Parent Neglectful

Abstract

The New York Court of Appeals held that an allegation that a child witnessed domestic violence was not sufficient to conclude that the child had been neglected by the child’s caretaker parent. Plaintiffs alleged that defendant child protection agency routinely charged mothers who had been victims of domestic violence with neglect and removed their children because, as victims, the mothers failed to protect their children from exposure to domestic violence. The federal district court held that defendant’s practices violated the substantive due process rights of mothers and children not to be separated by the government unless the parent was unfit to care for the child; defendant’s practices also violated procedural due process rights. On defendant’s appeal, the Second Circuit found that the resolution of uncertain issues of New York statutory law would avoid, or modify, the federal constitutional issues presented. To the New York Court of Appeals the Second Circuit certified three questions. The New York Court of Appeals found that a party seeking to establish neglect must show, by a preponderance of the evidence, that (1) the child’s physical, mental, or emotional condition had been impaired or was in danger of becoming impaired and (2) the actual or threatened harm to the child was a consequence of the failure of the parent or caregiver to exercise a minimum degree of care in providing the child with proper supervision or guardianship. The court held that, when the sole allegation was that the mother had been abused and the child witnessed the abuse, the child was not deemed neglected under the statute. The court noted that its ruling should not be interpreted to mean that a child could never be “neglected” when living in a household plagued by domestic violence. Neglect might be found where, for example, children had been exposed to extremely violent conduct between their parents, several times requiring official intervention, and where caseworkers testified to the children’s fear and distress resulting from their long exposure to such violence.

Additional Information

Attorney Information
Plaintiffs represented by Carolyn A. Kubitschek, Lansner & Kubitschek, 325 Broadway New York, NY 10007 (telephone number: 212.349.0900); Jill M. Zuccardy, Sanctuary for Families Center for Battered Women's Legal Services, 67 Wall St., Suite 2211, New York, NY 10005 (telephone number: 212.349.6009); Amicus Counsel: Laura K. Abel, David S. Udell, Brennan Center for Justice, 161 Ave. of the Americas, New York, NY 10013 (telephone number: 212.998.6737).
Docket Date
2004-10-26 00:00:00+00:00