In Delaware County, NY, child neglect proceedings appear to have been illegitimate - for years

When a child neglect or abuse proceeding in New York concludes with an adjudication (court decision) of child neglect or abuse, the proceeding moves to a "dispositional stage".

At the dispositional stage, the court must order "services" in accordance with the social services plan.

Social Services Law 34-a(2)(b) requires that a "summary of understanding" between the social services and the local District Attorney's Office must be made part of that plan.

I asked, on a FOIL request, for the summary of understanding between the Delaware County DSS and the Delaware County District Attorney's Office.

Here is the response I've got:

If the plan did not comply with statutory requirements, it was not valid.

If it was not valid, no services could be provided, ordered by the court - or funded - without first satisfying statutory requirements.

New York State Comptroller actually audited the County in 2014-2015, and specifically audited its Department of Social Services.

They did not see this?

Or somebody's hand was greased enough not to see it?

The fact remains - without full compliance with applicable statutes, the "multi-year services plan" in Delaware County is illegal, and without a legal services plan, all child neglect and abuse adjudications are also illegal.

The law is the law - right?