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ACS IS ACCUSING ME OF EDUCATIONAL NEGLECT

With the new school year upon us, ACS workers will be looking for parents to accuse of educational neglect. This comes in two forms. One form is pretty simple. The child misses too much school. How much is too much? Well to an ACS worker a few days will have them demanding that parents take parenting classes.
Another type of neglect is when ACS accuses parents of not getting their child the services that are needed in the School. Often, the ACS worker an the DOE will gang up on the parents to attack them and absolve the DOE of responsibility. Here are some cases. If you have been accused of educational neglect by ACS, contact us at 917-519-8417 and lets us fight for you. The Law Offices of Michael S. Discioarro, LLC.

Matter of Shelly Renee K., 99 AD2d 1072, 436 NYS2d 99 (3rd Dept. 1981)Was not ed neglect that child was absent 13 times without excuse and tardy multiple times where no evidence that this had an adverse impact on child’s education
Matter of Jovann B., 153 AD2d 858, 545 NYS2d 376 (2nd Dept. 1989)Was ed neglect where child absent 1/3 of school days over a 2 year period
Matter of Jessica Y. 161 AD2d 368, 555 NYS2d 114 (1st Dept. 1990)Was not ed neglect where child missed 142 days in one year but no proof that child did not receive a minimum of care and child was transferred to another school where she did graduate
Matter of Jennifer N., 173 AD2d 971, 569 NYS2d 480 (3rd Dept. 1991)Was not ed neglect where child missed school but mother had told school, child was under a doctor’s care and was back at school when doctor allowed it and child’s education did not suffer
Matter of Kyle T. 255 AD2d 581, 680 NYS2d 376 (4th Dept. 1998)Was ed neglect where child missed 45 days in one year, and mother removed child from school and thereafter did not enroll him anywhere else or provide any home schooling
Matter of Ryan J., 255 AD2d 999, 679 NYS2d 495 (4th Dept. 1998)Was ed neglect where 13 year old missed 46 days of school in 5 month period, then did not attend at all for next 4 months, currently failing all classes, law guardian had arranged a home tutor
Matter of Chad V. 265 AD2d 607, 695 NYS2d 764 (3rd Dept. 1999)Was ed neglect where child did not attend school at all for 1st 20 days of school, mother said she was not interested in child attending school and another sib also not enrolled in school
In Re Alan B., 267 AD2d 306, 700 NYS2d 200 (2nd Dept. 1999)Was ed neglect for 6 year old to miss 32 days in a four month period (other neglect as well)
Matter of Fatima A., 276 AD2d 791, 715 NYS2d 250 (2nd Dept. 2000)Was ed neglect where child missed 101 out of 166 days and mother could not provide proof that she had permission to home school or that she was in fact homeschooling

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