I thought it would be a good idea to branch off that old post and start a new one here to discuss this topic. (See https://www.askmehelpdesk.com/criminal-law/legal-dating-232716-4.html#post1129603)


If you are right and this has not been revoked or appealed this can be ground breaking. I am right now working on a case in NYS where the parent served an alcoholic beverage to his own child in his own home (backyard), a neighbor called the Police - and the parent was arrested. The law firm is under the impression that the parent cannot serve the alcoholic beverage to his own child.

I am off to read that section of the law.

The law firm has represented several parents in this same situation so this could be big news. I don't know if each case has resulted in the parents being in violation of the ABC law but I know 2 of them were found guilty of parental neglect.

What was the parent charged with?

Judy would have to reply with what the parents were charged with and if CPS took the kids before anybody else could even begin to comment.

I thought it would be a good idea to branch off of that old post and start a new one here to discuss this topic. (See https://www.askmehelpdesk.com/criminal-law/legal-dating-232716-4.html#post1129603)



What was the parent charged with?



Violation of NYS Alcohol Beverage Control Act and endangering the welfare of a child (by serving/providing alcohol to/for the child).

Often it does not even have to be directly against the law, CPS often push the issues with endangering the welfare of the child, the act does not have to be even illegal for them to try and protect the child, CPS often go after home school parents for home schooling we read dozens of cases every month from the Home Legal Defense. So even if the exact act is not illegal, CPS can still go with the endangerment of the child

In my state they say something is against the law but they allow it to be sold and then they fine you for using what was legal to sell but illegal to use. Now they are changing laws without making people aware of the 'new' laws and fining you. Then there are like this, double laws, double standards.

I will give you a example of CPS, when my grown children were teens, there was a issue where some other kids ( gang type) did not like the fact that I had painted over some gang signs, so they came to explain that issue by kicking in my door and windows. Well I chased off all but one and the one who was kicking a hole in the door I caught, well of course to phsycially hold him he received some injuries, ( he was almost 6 ft tall) well to the CPS he was a poor child who was hurt and abused not a gang member who was stopped from destorying property, they came out twice to my home, first time by their self the second time with the sheriff department, I explained to them that they could get off my property before I threw them off, and explained to the deputy without a warrant he was also tresspassing on my property and I would throw him off also.
I have a family attorney and called him, we sued the CPS and the Sheriff department for harassment, case got threw out but it did get them to stop coming over. They wanted to investigate my children to see if they were abused since I could "abuse" that poor child that was doing nothing but kicking my door in.

Violation of NYS Alcohol Beverage Control Act and endangering the welfare of a child (by serving/providing alcohol to/for the child).

Okay well whoever the prosecutor is on this case should read the law!

Obviously the violations of the NYS ABC should be dismissed (I'm assuming you are a lawyer and are representing someone?) considering that it is within the law for a parent and/or guardian to give their children alcoholic beverages to consume.


Endangering welfare of a child (Title O § 260.10)

How old is the child? If the child is 17 or younger, then 2 of the statues can be used in prosecution, however if the child is 18 then only 1 of them may apply. It is interesting to note that if someone is 19-20.99 days, it is not in any statute illegal for parents to give their children alcohol.

My concern is the fact that they are doing something that is completely legal under one section of the law, but prosecutors are trying to use something that is legal under the color of the law to charge someoen with acting illegally. It really is a shame. I'm sure though if this is brought in court and these arguments are made, the prosecutor will drop the charges and/or the judge will dismiss them because I'm sure that reasonable doubt can be substantiated in this case.

Yes appleguy that is what they do everyday, CPS does this all the time,
And often the CPS pushes the child neglect and you are often in their game, so you will find that you actually have to prove yourself innocent because CPS often assumes you guilty if that is what their investigation shows.

Okay well whoever the prosecutor is on this case should read the law!!

Obviously the violations of the NYS ABC should be dismissed (I'm assuming you are a lawyer and are representing someone?) considering that it is within the law for a parent and/or guardian to give their children alcoholic beverages to consume.


Endangering welfare of a child (Title O § 260.10)

How old is the child? If the child is 17 or younger, then 2 of the statues can be used in prosecution, however if the child is 18 then only 1 of them may apply. It is interesting to note that if someone is 19-20.99 days, it is not in any statute illegal for parents to give their children alcohol.

My concern is the fact that they are doing something that is completely legal under one section of the law, but prosecutors are trying to use something that is legal under the color of the law to charge someoen with acting illegally. It really is a shame. I'm sure though if this is brought in court and these arguments are made, the prosecutor will drop the charges and/or the judge will dismiss them because I'm sure that reasonable doubt can be substantiated in this case.



No, I am not an Attorney - I'm an investigator, primarily Plaintiff/liability, occasionally criminal. I don't make the decision how to proceed - I report what I find, mostly interviews, photos, research and then the Attorney goes forward.

The child is younger than 17, 15 in fact.

I'm not so confident that the prosecutor will drop the charges or the prosecutor will dismiss them - I don't see any reasonable doubt here. There is no question that the parent allowed the child to drink in the parents'/child's backyard.

I do see conflicting laws (which obviously should be corrected) - on one hand it's "legal" to allow your child to consume alcohol; on the other it is child endangerment if you do.