Paul, Weiss and Brooklyn Defender Services won a unanimous affirmance in the New York Supreme Court Appellate Division, Second Department of the lower court’s finding that the Administration for Children’s Services (ACS) had failed to prove that our client had neglected her children. ACS had sought to prove child neglect based solely on our client’s use of drugs and without any showing that the children had been mentally or physically impaired or were in any imminent danger of impairment. The Second Department’s decision clarifies that a parent’s drug use, without more, is not sufficient to establish neglect as defined by the Family Court Act, and provides critical guidance for future child neglect actions based on drug use.

Following fact-finding, the family court held that ACS had failed to prove child neglect and dismissed its petition against our client. ACS appealed this decision to the Second Department and promptly obtained a stay that prevented our client from being alone with her children. Paul, Weiss joined the matter as pro bono counsel to represent the mother in opposing ACS’s appeal.

Following briefing and oral argument, the Second Department unanimously affirmed the family court’s dismissal of child neglect petition against our client. The court agreed with all of our arguments on appeal, holding that evidence of actual or imminent child impairment is a necessary element of child neglect under the Family Court Act and that the record did not contain sufficient evidence to satisfy ACS’s burden.

The Paul, Weiss team included litigation partner William Michael, associates Eva Gao (who argued the appeal), Isabelle Leipziger and Jordann Harrison.