In what appears to be the first reported decision to address a 2006 law allowing child-protection investigators to seek ex-parte court orders to enter the homes of families under investigation, a Brooklyn judge has rejected one such application, finding the investigators lacked the requisite probable cause.
“No objective basis has been presented to the Court to show the [Child Protective Services] worker’s investigation cannot be completed because she needs to examine the home environment in order to make an adequate determination that the children are safe,” Family Court Judge Jeanette Ruiz held in Matter of Smith Children, NN-22728-32/09.
The Brooklyn Family Court decision appears on page 46 of the print edition of today’s Law Journal.
