Legal Question in Intellectual Property in New York

can my kids sleep in my attic,everybody tells me its against the law

Asked on 10/06/13, 6:19 pm

1 Answer from Attorneys

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This is a Real Property Law or a Public Health Care Law question and not Intellectual Property.

In general, Parental Rights regarding your biological or adopted children are very broad. There are no limits on how many kids may share a room or whether that room is in an attic, basement, or under a stairwell. If you are a foster parent the child may only sleep in a "finished" attic that would be approved during the "home study." There are specific Village, City, or other Municipal Building codes you would need to check to fully determine what is required for a "finished" attic where you live, but the basics would be proper ventilation, insulation, an 8 foot ceiling, and securely attached flooring. If your attic meets the "finished attic" standards you probably would not have your children taken from you.

If not, you may be reported to Child Protection Services (CPS) for Abuse or Neglect if any of the "everybody" you mention have a reasonable suspicion that your children are suffering from Abuse or Neglect. Armed with the knowledge they sleep in an "unfinished" attic and identifying even one of the symptoms of Abuse or Neglect you may find yourself subject to the CPS process (possible symptoms can be reviewed here http://assembly.state.ny.us/comm/Children/20011016/htmldoc.html#link14).

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10/08/13, 1:35 pm

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