New York Child Abuse And Neglect Legal Questions

It is impossible for you to "know for a fact" that your 19 year old doesn't smoke marijuana around your 5 year old - or have him around someone who does- when you're not around unless you have her under 24/7 surveillance. She may be the subject of the CPS investigation but you could be next, and you may be in danger of losing custody of your 5 year old unless you get someone other than your 19 year old to take care of him when you're not around. You've already said there's a 2 1/2 hr window of time every school morning when she's alone with him and that she picks him up from school. You didn't say what time you get home but obviously she has a great deal of time to smoke around him- or have him around other people who do. If she has a car she could be smoking in her car or have someone in her car who smokes. Or she could be getting a lift from someone who smokes. You've given your 19 year old an enormous responsibility, and it's time for you to get someone else involved in taking care of your 5 year old- and let your 19 year old know how serious the situation is. If someone thinks your daughter has smoked massive amounts of marjuana since November, and the school smelled it on your son, and he was acting confused (sign of a contact high)- you've got a serious problem on your hands. Make your daughter understand that unless she cleans up her act she may not be able to live in the same house as your 5 year old. Marijuana may be legal, but exposing a child to it is not. child abuse.... Read More

If you believe that some sort of criminal conduct has occurred where your child is the victim, you should contact the police department immediately and show them the messages from your daughter. This may lead to whoever is responsible for hitting the child being arrested, and will almost certainly lead to an ACS investigation. Additionally you can speak with an attorney regarding filing a custody suit. ... Read More