New York City Risk of Injury to a Minor Arrests
There are a couple different ways that New York City risk of injury to a minor arrests or allegations come forward. A child could tell somebody who makes a report that they were exposed to something or that certain actions were taken towards them.
If an activity that would be considered potentially injurious to a child is observed by law enforcement or reported by either a witness or the child, these allegations might come up. Speak to an established risk of injury attorney to discuss building a defense for endangerment cases.
How Department of Children and Family (DCF) Responds to Endangerment Claims
In general, if an allegation is brought to the Child Protective Services Organization, whether it is ACS or DCF, they have case workers assigned to investigate any claim of any child abuse or risk of injury or endangerment.
That person is tasked with conducting an investigation, interviewing the people involved, especially the people who made the complaint, checking the conditions of where the child lives, and investigating who the guardians are to make sure that the child is in a safe environment. Those findings are then submitted internally to their agency and a determination is made whether to close the case to determine that further action needed.
The DCF may need to refer this to a family court attorney who will institute divestment proceedings to take custody away from whoever is currently watching the child and put the child as a ward of the state or take some other action. Generally, their role is to look at the allegations and determine the best interest of the child, whether it is to remain with the family or be removed.
Following New York City Risk of Injury to a Minor Arrests
In the vast majority of cases of New York City risk of injury to a minor arrests, the administration for child services is called if that child has a relationship with the defendant, for instance the defendant is a care like a parent or guardian, or somebody responsible for the child. At that point, the child might be taken away, depending on what the charges are. At the least, a family court proceeding might be instituted to determine what is in the best interest of the child in light of the allegation.
Understanding the Risk of Injury Court Process
New York City risk of injury to a minor arrests that include an alleged victim the defendant is arrested, processed, and booked. Their criminal history is drawn out and their fingerprints are taken. The case is finalized against them, the charges are formalized and read at the arraignment against the defendant, and an order of protection is generated.
In cases where there is custodial relationship between the parents and the child or where there is a parent, guardian, aunt, uncle, or grandparents that they live with, it becomes very difficult. At the arraignment, it is almost guaranteed that there is going to be a full order of protection generated.
A lasting order of protection can go on longer than the case if there is proven associated criminal action. An attorney for the child will be appointed to determine what is in the child’s best interest. They will be a represented party during the proceeding, which is something that does not happen generally in most other criminal cases.