Legal Opinion

In re Madeline A.

Appellate Division of the Supreme Court of the State of New York

Decided September 27, 2011PublishedCited by 7 opinions

1Opinion of the Court

Contrary to the mother’s contention, the Family Court properly denied her application pursuant to Family Court Act § 1028 (a) to return the subject child to her custody. The evidence adduced at the hearing was sufficient to establish that *1133the return of the child, whose older siblings remain in foster care as a consequence of a prior adjudication of neglect against the mother, would present an imminent risk to the child’s emotional, mental, and physical health (see Family Ct Act § 1028 [a]; Matter of Nathanal C. [Dimas C.], 78 AD3d 939 [2010]; Matter of Elijah O. [Marilyn O.], 77 AD3d 836, 837…

2Cases cited5 opinions

  1. In re Kimberly H.Appellate Division of the Supreme Court of the State of New York · 1998
  2. In re Elijah O.Appellate Division of the Supreme Court of the State of New York · 2010
  3. In re Gabriel James M.Appellate Division of the Supreme Court of the State of New York · 2009
  4. In re Iouke H. Administration for Children's ServicesAppellate Division of the Supreme Court of the State of New York · 2008
  5. In re Nathanal C.Appellate Division of the Supreme Court of the State of New York · 2010

3Cited by7 opinions

  1. Matter of Kyle D. (Anonymous) (Everton D. (Anonymous))Appellate Division of the Supreme Court of the State of New York · 2015
  2. In re Baby Girl P.Appellate Division of the Supreme Court of the State of New York · 2012
  3. In re Deonna E.Appellate Division of the Supreme Court of the State of New York · 2013
  4. In re Deonna E.Appellate Division of the Supreme Court of the State of New York · 2013
  5. In re Sanai T.Appellate Division of the Supreme Court of the State of New York · 2016

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