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N.Y. State Senator Calls on Child Services to Investigate Anthony Weiner

Could Weiner face child neglect charges after sending a sexually explicit photo with his son apparently sleeping next to him? Some experts think so.
Image: Rep. Anthony Weiner (D-NY) Announces His Resignation Amid Lewd Photo Scandal
U.S. Rep. Anthony Weiner (D-NY) announces his resignation June 16, 2011 in the Brooklyn borough of New York City. The resignation comes ten days after the congressman admitted to sending lewd photos of himself on Twitter to multiple women.Mario Tama / Getty Images

Anthony Weiner has lost his congressional seat, his New York City mayoral bid, his reputation, and now, his wife — and he could potentially lose more.

New York State Sen. Ruben Diaz, a Democrat, is calling on New York City’s Administration for Children’s Services to investigate the disgraced former congressman after Weiner allegedly sent a woman a sexually explicit photo with his four-year-old son apparently sleeping next to him.

“The photo and story worry me as a senator, a minister, a parent, and a grandfather, because I believe that the disregard for any boundaries of sexual activity with a child present is incredibly inappropriate, and could have a harmful impact on the child,” Diaz said in a statement Monday. “I urge the city of New York’s Administration for Children’s Services to investigate this case carefully and thoroughly.”

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Weiner, who has since deleted his Twitter account, did not respond to a request for comment. Carol Cáceres, deputy press secretary for NYC’s ACS, told NBC News, “In order to protect children and their privacy, ACS does not comment on specific cases or allegations of child maltreatment, regardless of whether or not allegations have been reported, are being investigated, or have not resulted in an investigation.”

Diaz’s call comes following the New York Post’s story on Monday showing a photo of a shirtless Weiner with an apparent erection and a small child next to him. “Someone just climbed into my bed,” Weiner allegedly wrote to his paramour on July 31, 2015. “You do realize you can see you[r] Weiner in that pic??” the woman responded.

Weiner's wife, top Hillary Clinton aide Huma Abedin, subsequently said she was leaving her husband after the latest revelation—the third sexting scandal since 2011 for Weiner.

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Mark Feldman, a divorce and custody lawyer in New York City, said he would be surprised if ACS wasn’t looking into the situation.

“From what it looked like, [Weiner] is possibly exposing his child to an imminent risk of harm. This is something ACS looks into for much less situations ... ACS is mandated to protect children from cases of suspected abuse and or neglect."

It's "a very serious situation," he added.

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If ACS does bring neglect charges in family court, Feldman said Abedin would also likely face questions on how much she knew and what if anything she has done to prevent such actions.

Tim Hathaway, executive director at Prevent Child Abuse New York, stopped short of calling on ACS to investigate, but said Weiner crossed a line. “There is enough there that says you’ve got a kid that was drawn in inappropriately by a parent. That’s just not an appropriate thing to do.”

Lynne Gold-Bikin, a family law attorney and former chairwoman of the American Bar Association’s Section of Family, however, said an investigation would be “extreme” over the photo, in which Weiner was wearing underwear. “Divorce? Yes. Criminal investigation? No,” she said.

But others are convinced Weiner crossed an uncrossable line. “I am sure that the Administration for Children’s Services will consider how Anthony Weiner’s continued perverted activity that we have all seen over the years in his texting or Twittering is a harbinger of possible future child abuse or neglect," Diaz said, "especially when he does this with his child next to him in his bed.”

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