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22 CUNY L. Rev. 1 (2019)

handle is hein.journals/nyclr22 and id is 1 raw text is: 








       SEPARATING FAMILIES WITHOUT DUE
 PROCESS: HIDDEN CHILD REMOVALS CLOSER
                           TO HOME

                           Wendy Jenningst

IN TR O D U C T IO N   ..................................................................................  3
    I. FAMILY SEPARATION TRAUMATIZES CHILDREN AND THEIR
       P A R E N T S  ............................................................................  8
       A. Removing a Childfrom Her Parent Harms the Child.. 8
       B. Removing a Child from His Parent Has Long-Term
           Consequences for Families and Impacted
           C om m unities ...............................................................  9
    II. THE BASIC PATH OF NEW YORK CHILD ABUSE AND NEGLECT
       C A SE S  .................................................................................  1 0
       A. How Does an Abuse or Neglect Case Begin? ............. 11
       B. A Parent's Rights When the Government Removes Her
           Child Before Trial Is Complete ................................ 13
       C. What Occurs at a Trial in an Abuse or Neglect Case. 14
       D. Disposition: The Plan for the Rest of the Case ........... 15
           1. The Court May Order the Parent to Participate in
              Services or Be Supervised ............................... 16
           2. The Child's Legal Status: A Release Versus a Trial
              D ischarge .........................................................  16
       E. While a Child Is in Foster Care, a Permanency Hearing
           Is Held Every Six M onths ......................................... 19
    III. TRIAL DISCHARGE: A CHILD IN FOSTER CARE IS HOME ON A
       T R IAL  B A SIS  ....................................................................  19
       A. What is a Trial Discharge? ................... 19
       B. How and Why the Government Removes a Child
           During a Trial Discharge ....................................... 21


   T J.D. Candidate '19, City University of New York (CUNY) School of Law; B.A. '12,
Wheaton College (IL). Ms. Jennings thanks Erin Cloud, Esq., Professor Chris Gottlieb, Amy
Mulzer, Esq., Emma Ketteringham, Esq., Mary Anne Mendenhall, Esq., Keith Baumann, Esq.,
David Shalleck-Klein, Esq., Caitlin Becker, MSW, Noemi Cotto, MSW, and Professor Kara
Wallis for their encouragement and indispensable feedback; the CUNY Law Review editors
and staff for their commitment to this Note; and the many friends and family who provided
thoughtful comments throughout the drafting process. This Note is dedicated to the families
who fight for their children every day, unnoticed, and their enduring resilience in the face of
incredible opposition.

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