Judge Steven Mostofsky
The Administration for Children’s Services (ACS) filed a Family Court pre-petition application seeking emergency removal of the subject children from parents SW and Cy R alleging they had sexually explicit pictures of their children. Based on the seriousness of the allegations, the court removed the children and permitted them to stay at their aunt and uncle’s home. Yet, after ACS rested its case, after hearings, the attorney for the children moved to dismiss the proceeding, and the court orally granted the motion. The court opined whether parents had photographs that constituted child pornography indicating they sexually abused their children. It found videos on a CD gave credence to the fact the pictures were merely a loving and overly attentive mother over-photographing her children. The court noted the ACS caseworker testified she did not believe there would be an imminent risk to the children if the court sent them home. The court noted out of tons of pictures there were only two that may be considered lewd, but found they were neither posed, nor intended to elicit sexual response in a viewer. It concluded parents did not abuse their children, and while mother may have used poor judgment in taking some photos, such error did not endanger the child, granting dismissal.
