The New York state Appellate Division recently ruled in favor of a mother, Ms. W., who faced domestic violence yet challenged state surveillance from the Administration for Children's Services (ACS). This decision, applauded by advocates for protecting domestic violence survivors, asserts that mothers should not be penalized for their abusers' actions, a stance against what some view as criminalizing victims. However, critics express concern about children's safety, emphasizing a potential oversight for their well-being when abusive parents are allowed into their homes unmonitored.
The recent ruling, although protects mothers, puts children's lives at risk. The answer, apparently, is: We don't. That's the verdict this month from a four-judge panel of the New York state Appellate Division.
Ms. W. sued, claiming that since she herself had done nothing wrong, she should not be subject to surveillance by a government agency.
This unanimous decision puts an end across the state to this decades-long practice of conducting unbounded surveillance for months or even years on end of parents charged with no wrongdoing.
The judges concluded that the circumstances in Ms. W.'s case constitute precisely the type of state intervention that the Legislature sought to avoid.
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