Judge Robin Kent
The Nassau County Department of Social Services (DSS) removed three children pursuant to section 1024 of the Family Court Act, based on DSS' concern that the children were being exposed to dangerous levels of lead in their home. DSS then filed a petition alleging that the children were neglected and that the respondent parents were legally responsible for their care. In the petition, DSS contended that the respondents permitted the children to be exposed to high levels of lead for approximately two years as a result of the presence of lead-based paint in the home, that the children had high levels of lead in their blood as a result, that the respondents failed to take the children for medical testing, and that the children were showing physical symptoms from the exposure to lead. The respondents filed a petition pursuant to Family Court Act §1028 for the return of the children. Out of respect for the respondents' due process rights, the court limited its determination to a finding of neglect, holding that the respondents have not had the opportunity to be heard on whether the evidence supported a finding of abuse.
