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F.C.A.

1012, 1031

Form 10-6 (Child ProtectivePetition-Neglect) 2/2001

FAMILY COURT OF NEW YORK COUNTY OF SUFFOLK In the Matter of Winona Piscitelli {7/6/05} Docket No. NN-16863-09 (A) Child(ren) under Eighteen Years of Age Alleged to be Neglected by Winona Palmiotti {4/7/73} Respondent(s) AMENDED PETITION (Neglect)

NOTICE: PLACEMENT OF YOUR CHILD IN FOSTER CARE MAY RESULT IN YOUR LOSS OF YOUR RIGHTS TO YOUR CHILD. IF YOUR CHILD STAYS IN FOSTER CARE FOR 15 OF THE MOST RECENT 22 MONTHS, THE AGENCY MAY BE REQUIRED BY LAW TO FILE A PETITION TO TERMINATE YOUR PARENTAL RIGHTS AND MAY FILE BEFORE THE END OF THE 15-MONTH PERIOD. TO THE FAMILY COURT: The undersigned Petitioner respectfully alleges that: 1. Petitioner [specify}: applicable box]: Suffolk County Department of Social Services is a [check

[x] duly authorized agency having its office and place of business at [specify]: P.O. Box 18100, Hauppauge, New York, 11788-8900 D person directed by the Court to originate this proceeding, who resides at [specify]: 2. The child(ren) who (is) (are) the subject(s) of this proceeding (is) (are): Name Winona Piscitelli Sex F Date of Birth 7/6/05 Custodial Parent/Guardian Winona Palmiotti Child's Address DSS custody

VERIFICATION
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STATE OF NEW YORK ) - "> ! )ss.: COUNTY OF SUFFOLK ) Nancy Haddock, being duly sworn, deposes and says: That (s)he is a Caseworker and is acquainted with the facts and circumstances of the above-entitled proceeding; that (s)he has read the foregoing petition and knows the contents thereof; that the same is true to (his)(her) own knowledge except as to those matters therein stated to be alleged upon information and belief, and that as to those matters (s)he believes it to be true, Petitioner Sworn to before me this "".'I day of K^o^'^wio-i

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BARBARA HAYNES Notary Public, State of New YorK Commission #01HA602795S Qualified in Suffolk Courvw Commission Expires 07/19/-.U6..

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2. Upon information and belief, from in or around April 2009 to present, respondent Winona Palmiotti placed Winona Piscitelli, the child alleged to be neglected herein, in imminent risk of becoming physically, mentally, or emotionally impaired by failing to ensure said child receives proper medical care and services due to developmental delays. Said child is extremely developmentally delayed, was observed to be wearing diapers, drinking from a baby bottle, and has limited verbal communication skills. In addition, said child was observed to communicate with one syllable words and grunts. While the respondent agreed to voluntary services in Ohio, she failed to follow through with referrals provided and refused to cooperate with her caseworker. In addition, the respondent failed to follow through with obtaining immunizations and preventive well exams for said child since in or around 2006. The source and belief of this information are the records of Suffolk County Child Protective Services and the oral statements of caseworker Brianne Kindinger of Mansfield, Ohio to Suffolk County Child Protective Services senior caseworker Kevin Tase. 3. Upon information and belief, respondent Winona Palmiotti aka Winona Grant has a long history of failure to ensure her child receives proper medical care and educational services, and fleeing with her child when she becomes aware of reports to the State Central Registry. The respondent's history includes being adjudicated for the neglect of Timothy Grant, sibling of Winona Piscitelli, the child alleged to be neglected herein. Timothy Grant was taken into protective custody on or about August 18, 2004 as a result of the respondent's failure to provide adequate physical, emotional, and educational care for the child. At a Fact-Finding Hearing and Disposition in Sullivan County Family Court on January 20, 2005, under Docket NN-01782-04, the respondent mother, having failed to appear and the matter having come on for a fact-finding hearing by inquest, was found to have neglected the child by failing to ensure he attended school since the 2nd grade and he was 15 years of age at the time. The respondent also neglected the child by failing to ensure he attend counseling which was needed because the child had untreated autism. An order was entered that placed Timothy Grant in foster care. Despite the respondent's knowledge of Timothy's placement in foster care, the respondent failed to make any attempts to contact the Department to plan for or visit her son, and on July 26, 2005. at a Permanency Hearing and Extension of Placement, the goal for Timothy Grant was changed to permanent placement in an alternative planned living arrangement at age 18. On February 15, 2007 an Order to Terminate Placement was entered in Sullivan County Family Court, as Timothy turned and was placed in an Adult Care Facility. The source and belief of this information are the records of Sullivan County Family Court under Dockets NN-01782-04 and NN-01854-04.

Rev. 6/01 Addendum

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ADDENDUM IN THE MATTER OF Winona Piscitelli {7/6/05} 1. Upon information and belief, from in or around April 2009 to present, respondent Winona Palmiotti placed Winona Piscitelli, the child alleged to be neglected herein, in imminent risk of becoming physically, mentally, or emotionally impaired in that the respondent is unable to provide said child with appropriate care, supervision and guardianship. In addition, the respondent has a long history of CPS intervention and noncompliance with CPS in New York and Ohio, and most recently, on or about September 3, 2009, the respondent fled Richland County, Ohio when she learned that said child would be removed from the respondent's custody. To Wit: a. The respondent first became known to Richland County Child Services in Ohio in or around April 2009, when, under the respondent's care and supervision, said child suffered burns to her hands, fingers, and arms due to falling into a fire pit. The respondent and child were observed to be filthy, and the respondent displayed erratic behaviors at the hospital. The respondent was not compliant with ongoing preventive services provided by Child Services, and in or around August 2009, the respondent came back to New York with said child. b. On or about August 27, 2009, the respondent was observed to have punched said child in the chest while at a DSS center in Nassau County, followed by forcefully yanking said child by the arm. In the days following, the respondent was observed to be inadequately supervising said child in that said child walked into the road and shelter staff had to alert the respondent that her child was in the road, and the child wandered into the shelter office, again without the respondent's knowledge. Despite repeated attempts by a Suffolk County CPS caseworker to provide the respondent with voluntary services, the respondent refused to sign the application or accept services. c. On or about September 2, 2009, the respondent left Suffolk County to move back to Ohio. Richland County Child Services, Ohio, petitioned the court for custody of said child citing concerns regarding physical abuse of said child, mental health concerns, child development delays, and the respondent's inability to control said child's behaviors, and custody was granted on or about September 4, 2009. Richland County's attempts to remove said child were unsuccessful due to the respondent fleeing Ohio again, and coming back to New York. The source and belief of this information are the records of Suffolk County Child Protective Services, the records of Richland County Children Services, the oral statements of caseworker Brianne Kindinger of Mansfield, Ohio, and Ms. Hooker, Grace House shelter manager to Suffolk County Child Protective Services senior caseworker Kevin Tase.

Rev. 6/01 Addendum

D wishes to provide care and custody for the child without foster care subsidy during the pendency of any order herein. 3 There is no suitable person related to the child(ren) with whom the child(ren) may appropriately reside. d. (Upon information and belief) Imminent risk to the child(ren) Q would [x] would not be eliminated by the issuance of a temporary order of protection directing the removal of [specify]: Winona Palmiotti from the child(ren)'s residence, based upon the following facts and for the following reasons [specify]: There are no other approved adults at the respondent's residence. 8. The subject child fj is [x] is not a Native-American child subject to the Indian Child Welfare Act of 1978 (25 U.S.C. sections 1901-1963). WHEREFORE, Petitioner requests that an order be issued determining the child(ren) to be neglected and otherwise dealing with the child(ren) in accordance with the provisions of Article 10 of the Family Court Act. Dated: 11/27/09 Petitioner Nancy Haddock Print or type Name

Signature of Attorney, if any

Attorney's Name (print or type)

Attorney's Address and Telephone Number

a. [X] (Upon information and belief) Continuation in, or return to, the child(ren)'s home would be contrary to the best interests of the child(ren) because [specify facts and reasons]: The respondent has a long history of CPS involvement and of fleeing with her child when she learns of a report made to the State Central Registry. The respondent also has a long history, with her daughter Winona Piscitelli and her son Timothy Grant, of failing to provide adequate guardianship and proper supervision of said children, and failing to ensure her children receive necessary medical and educational services. This conclusion is based on the following information [check applicable box(es)]: 3 Report of Suspected Child Abuse or Neglect D Uniform Case Review, dated [specify]: D Summary of the Uniform Case Record, dated [specify]: D Service Plan, dated [specify]: D The report of [specify]: , dated [spe cify]: [X] Other [specify]: Suffolk County CPS case record and Sullivan County Family Court records b. (Upon information and belief) Reasonable efforts, where appropriate, to prevent or eliminate the need for removal of the child(ren) from the home, [check applicable box and state reasons as indicated]: IE! were made as follows [specify]: Richland County Child Services preventive services since April 2009, casework counseling through Suffolk County since August 2009 D were not made, but the lack of efforts was appropriate [check applicable boxes]: D because of a prior judicial finding pursuant to F.C.A. section 1039-b that the Petitioner was not required to make reasonable efforts to reunify the child(ren) with the Respondent(s) [specify date of finding]: D because of other reasons [specify]: D were not made. ^ This assertion is based upon the following information [check applicable box(es)]: D Report of Suspected Child Abuse or Neglect D Uniform Case Review, dated D Summary of the Uniform Case Record, dated [specify]: Q Service Plan, dated [specify]: D The report of [specify]: , d ated [specify]: [x] Other [specify]: CPS case record, reports from Richland County Child Services c. (Upon information and belief) Based upon Petitioner's investigation [Check applicable box(es)]: n The following person is a suitable person related to the child(ren) with whom the child(ren) may appropriately reside [specify]: Such person: D seeks approval as a foster parent in order to provide care for the . child(ren);

3. a. (Upon information and belief) The father and mother of the child(ren) and their respective residence addresses are: Name of Child(ren) Winona Piscitelli Name of Parents Winona Palmiotti Paul Piscitelli Parent's Address 1355 Locust Ave. Bohemia, NY 11716 318 Ellison Ave. Westbury, NY 11590

b. (Upon information and belief) The person(s) legally responsible for the care of the child(ren) (is) (are) [specify]: Winona Palmiotti who reside at 915 Sunrise Hwy. Room 116 West Babylon, New York. 4. (Upon information and belief) The child(ren) (is) (are) neglected on the following grounds and based upon the following facts [Specify grounds of child neglect under Family Court Act section 1012, as well as supporting facts]: SEE ATTACHED ADDENDUM 5. (Upon information and belief) Winona Palmiotti (and) , the mother of said child(ren) (is) (are) the person(s) who (is) (are) responsible for the neglect of said child(ren). 6. [Required if removal has occurred or is requested; check applicable box(es)]: a. [X] (Upon information and belief) On [specify date]: 9/16/09, the following child(ren) [specify]: Winona Piscitelli (was) (were) temporarily removed from the care of the following Respondent(s) [specify]: Winona Palmiotti, on the basis of the following facts and for the following reasons [specify]: The respondent has a long history of CPS involvement and evading CPS in both New York and Ohio. Richland County, Ohio, had a court order to remove Winona from the respondent's custody on or about September 4, 2009, and the respondent fled the state and moved back to Suffolk County. in accordance with [check applicable box]: D a court order pursuant to Family Court act section [specify]: n consent of the following Respondent(s) [specify]: [specify]: , pu rsuant to Family Court Act section 10211. 13 on an emergency basis without a court order pursuant Act section 1024. There was no time to obtain a court order because [specify]: has a history of fleeing the state with Winona. 1022, issued on , obtained on

to Family Court The respondent

b. D (Upon information and belief) The child(ren) should be removed from the care of the following Respondent(s) [specify]: in accordance with Family Court Act section 1027 in order to prevent imminent risk to the child(ren)'s life or health on the basis of the following facts and for the following reasons [specify]: 7. [Required if removal or continued removal of children is requested]:
A copy of the consent instrument must be attached to the petition. See F.C.A. 1021.

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