Pro Bono Client Wins Dismissal of Neglect Case

Paul, Weiss and co-counsel The Bronx Defenders secured the dismissal of a child neglect case against a pro bono client whose child was wrongly taken from her.

In February, police arrested our client, a single mother, after they responded to a call that a child was alone in her apartment. In fact, the mother had left her son in the care of her brother while she was at the laundromat. Despite the fact that both our client and her brother were present when the police arrived and the child was found to be unharmed, the child was nevertheless removed from the home, and New York City’s Administration for Children’s Services (ACS) filed a neglect case against our client in Bronx County Family Court. A family court judge later placed the child in the care of our client’s sister, and our client was granted visitation rights.

Paul, Weiss joined the case in late May to draft and file a motion to dismiss. The judge ordered that the motion would be heard on August 23; if it was denied, trial would begin that same day. At the August 23 hearing, ACS—which never filed an opposition to the motion—sought to withdraw the case, and the judge dismissed it with prejudice.  Our client is now free from the court order and has custody of her son once again.

The Paul, Weiss team included litigation associates Robert O’Loughlin and Alexander Deutsch. Litigation partner Aidan Synnott supervised the matter.