A state appellate court ruled that New York City's mandate requiring child welfare investigations for domestic violence victims is illegal. This decision stemmed from a case involving Sharneka W., a Brooklyn woman who experienced abuse from her ex-boyfriend. Despite the issuance of a protective order against him, a Family Court judge demanded Ms. W. consent to invasive supervisory measures by child welfare agencies to maintain custody of her daughter. The appellate court determined that such actions intrude on parental rights without just cause, emphasizing that government intervention should only occur for child safety.
The decision came in an appeal filed by a Brooklyn woman who said her ex-boyfriend beat and slapped her and pulled out her dreadlocks in front of their infant daughter.
A four-judge panel of the appellate division ruled that nothing in the state's Family Court law gave a judge the right to place Ms. W. under the supervision of the Administration for Children's Services.
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