The Department of Social Services brought a petition against father Derrick K in Matter of Joshua J. v. Derrick K (August 18) for neglect of his 4 year old son, Joshua. Joshua was placed with Derrick under Family Court Act 1055. According to the decision, published in the August 26, 2011 “New York Law Journal,” Derrick was seen in an intoxicated or impaired state when picking up his son Joshua from school. The DSS was told and arrived at the home, but Derrick refused entry. The DSS returned with police who were authorized to force entry into the home. The DSS workers found a knife and a bat within easy access of the child, suggesting an unsafe environment.

The court determined that the home visit and forced entry by the police were appropriate given the circumstances. Derrick’s conduct was found to be neglect under FCA Article 10.

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