Leaving 3 year old in car for 13 minutes is not neglect

This New Jersey court is as good at overturning their child protective services agency's findings of neglect as the Massachusetts courts are at upholding them:

Dept. of Children Youth & Families v. A.S., New Jersey Superior Court Appellate Division, decided 9/29/11

Three year old wanted to stay in car to continue watching DVD while mom did some last minute barbecue shopping at big box store. Mom left her strapped in her car seat, the doors locked, the car started with remote start and the air conditioner on for 13 minutes. Child was unfazed when police arrived, police could not get car doors opened. DCYFS found her neglectful. So did the administrative hearing.

But, citing the statute and a couple of other New Jersey cases that also reversed neglect findings, the court reversed and ruled in favor of mother.

Thanks to Leagle.com for posting this unpublished, per curiam decision.

DSS Reform Bill

Massachusetts House Bill 4191 An "Act Relative to Child Abuse and Neglect" is scheduled for public hearing tomorrow (9/26/07, 10:30 a.m. in room 222) by the Legislature's Joint Committee on Children, Families and Persons with Disabilities.

Though the bill fixes several of the issues of lack of real oversight highlighted by the Haleigh Poutre case, too much of the lack of oversight, dearth of definitions, confusing language and lack of due process for families in the current statute are left essentially untouched. What tries to look like major overhaul of the whole statutory scheme is really just a minor tune up of a small portion of what really affects families involved with the child protection system.

I am afraid that passage of the bill in its entirety will make it appear that thoughtful consideration was given by the legislature to the troubling issues that are really not addressed.

I call on Senator Spilka, Rep. Coakley-Rivera and the rest of their committee to recommend passage of the new oversight and second opinion provisions of H. 4191 but to remove the portions that merely restate the existing sections of chapter 18B and 119 until a comprehensive review and restructuring particularly recognizing parents' rights, due process, probable cause and true judicial oversight of DSS or the Department of Children and Families can be accomplished.

What's in store for DSS?

Sean P. Murphy wrote in his article "New DSS chief emerged from his own troubled youth" in today's Boston Globe that Angelo McClain, the newly appointed Commissioner of the Massachusetts Department of Social Services, said in a telephone interview, "If we can build a system that allows the dedicated and talented people on the front lines to do their work, then children and families can reach their potential". (http://www.boston.com/news/local/massachusetts/articles/2007/05/24/new_dss_chief_emerged_from_his_own_troubled_youth/)

I agree that there are many "dedicated and talented people on the front lines," but; I wonder if "a system that allows [them] to do their work" implies further extensions of the laissez faire holdings of the 1995 Supreme Judicial Court cases of Care and Protection of Isaac and Care and Protection of Jeremy which essentially preclude judges from effective oversight of the care of children in the custody of DSS.