... is paved with good intentions

NY Bill A8505-2013
"Relates to assisting and protecting victims of domestic violence, child abuse and child neglect."




The bill laments that at this time, convictions for a violation, including for harassment, including for harassment in a domestic violence dispute, are sealed and cannot serve as evidence in child neglect proceedings or to sustain an indicated report of child maltreatment.




The bill pushes to allow such convictions to be subpoenaed and used by Social Services as evidence against the alleged abuser.




In my opinion, it is bad law because it will increase financial burden on the counties because the incentive to plead guilty in criminal court to 2nd degree harassment will, at least in large part, will disappear.   With less pleas, there will be more trials, longer work by assigned defense counsel, larger loads on the prosecutors and local justice courts.




As a criminal defense attorney, I will be the first to advise my clients involved in a domestic violence dispute and a parallel child neglect proceedings to go through motions and a trial in the criminal court rather than consider pleading to "a simple violation".  A conviction for a "simple violation" will have too many strings attached in the context of a child neglect proceeding if this bill is enacted:




(1) it may in the end result in removal of children from the family,




(2) it may result in years of supervision when my client would have to do anything and everything that Social Services require, including, but not limited to:




      (a) involuntary mental health treatment, whether it is necessary or not,


      (b)  intrusive and humiliating spontaneous drug tests when a social worker shows up at your house at any time she wants and watches you pee in a cup,


       (c ) warrantless searches of the house by Social Services and inability to work in certain occupations because of a finding of child neglect based on that conviction for "a simple violation";


       (d)  no privacy in medical treatment;


       (e) interference into your medical treatment when Social Services can insist that your medical provider does not give you prescriptions of certain medicaionts (painkillers), even if you badly need them.


And all of that will start with a small change unsealing your "simple violation" conviction for 2nd degree harassment which district attorneys distribute like candy in order to clear their misdemeanor dockets.  Not a good idea.