Justice Robert Hettleman of the New York Family Court (Kings County) recently decided in In the Matter of Isaiah D. that the Administration for Children’s Services (ACS) proved by a preponderance of the evidence that Ms. D.W. and Mr. W. neglected their then-13-year-old child Isaiah in several ways:
- The parents used excessive corporal punishment on Isaiah on April 5, 2023.
- The parents failed to allow Isaiah to return home after being cleared for release from the hospital, and did not provide a meaningful alternative plan.
- Ms. D.W. emotionally neglected Isaiah by using anti-gay slurs in front of him, denigrating his lifestyle, and failing to support him in the face of her disapproval.
The emotional neglect analysis revealed that emotional and verbal abuse can constitute neglect under the Family Court Act when a respondent’s actions place the child at risk of emotional or mental harm. In this case, Isaiah described how his relationship with his parents deteriorated after he came out as gay. Ms. D.W. admitted to not believing in homosexuality and expressed concerns about Isaiah’s sexuality, even taking actions to redirect his thinking.
Despite claiming to support Isaiah, Ms. D.W. regularly used anti-gay slurs and failed to engage in meaningful ways to understand and support him, despite his struggles at school and mental health issues. The court found that her actions constituted neglect, even if her religious beliefs were sincerely held.
has denied any physical abuse towards Isaiah and stated that he only intervened to protect his wife. He confirmed that he did not agree with Isaiah’s lifestyle choices but denied any involvement in the alleged rituals or corporal punishment. Mr. W. also stated that he was willing to have Isaiah back home if proper arrangements were made for his wellbeing.
Based on the evidence presented, it is clear that Isaiah suffered physical abuse at the hands of his parents, particularly in response to his sexual orientation. The parents’ failure to provide a safe and supportive environment for Isaiah, as well as their excessive use of corporal punishment, further contributed to his detriment. While there is insufficient evidence to establish any actions or omissions by Mr. W. regarding Isaiah’s sexual orientation, the evidence against the parents is strong and supports ACS’s case against them. It is crucial that Isaiah is placed in a safe and supportive environment where he can receive the care and support he needs to heal and thrive.
It was confirmed that the incident occurred after Isaiah broke curfew, and it was reported that Isaiah initiated the conflict. Mr. W. supported Ms. D.W.’s claims about Isaiah being involved in a gay cult.
On April 13, CPS Lyn visited the home and spoke with the younger children, Elijah and Malia. Both children appeared to be in good health, with no visible injuries. Elijah, aged 10, recounted the argument on April 5, where Isaiah was pulling Ms. D.W.’s hair and yelling “do you want to fight?” Mr. W. intervened by restraining Isaiah while Ms. D.W. called the police. Elijah mentioned that their parents do not use physical punishment but instead take away privileges like tablets or television time. He expressed his fondness for his family but disliked Isaiah’s disruptive behavior.
Malia, aged nine, stated that she was sleeping but woke up to noise in the house. When she went to investigate, she saw Isaiah on the floor trying to grab their mother’s hair. Isaiah was taken away by an ambulance, and Malia was upset with him for fighting with their mother. She also denied any physical punishment in the household and felt safe with her parents.
Isaiah was brought to the hospital by EMS on April 5, 2023, with dried blood on his face. He mentioned a history of mental health issues and made concerning statements about harming himself and others. The medical records indicated multiple visits to the emergency room for similar issues. Isaiah’s parents reported that he had been acting out, causing harm to himself, and making threats. They expressed their struggles in managing his behavior and sought help from various sources.
Isaiah disclosed his struggles with adjustment disorder, conduct disturbance, and ADHD. He mentioned the effectiveness of medication and therapy in the past but had stopped due to insurance issues. He acknowledged the importance of following his curfew and taking medication to reduce conflicts at home. Isaiah also shared his desire for better support and understanding from his family.
Ms. D.W. informed hospital staff about Isaiah’s deteriorating behavior since September 2022, citing instances of theft, lying, outbursts, and threats of violence. She highlighted the impact of medication on his behavior and expressed concerns about his safety and the well-being of their other children.
Despite showing progress, Ms. D.W. insisted on placing Isaiah in a residential treatment facility for further assistance. She expressed worries about the safety of her family and refused to take him home on April 13.
