Legal Opinion

In re Rebecca W.

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

Decided July 11, 1986PublishedCited by 9 opinions

1Opinion of the Court

— Order unanimously modified, on the law and facts and, as modified, affirmed, without costs, in accordance with the following memorandum: On our view of the record, we cannot agree that petitioner has established that Rebecca is a neglected child.

The Department of Social Services has the burden of proving the allegations of the petition by a preponderance of the evidence (Family Ct Act § 1046 [b] [i]; Matter of Hofbauer, 47 NY2d 648). When the harm alleged is impairment or danger of impairment to the child’s emotional or mental condition, the proof must show a causal connection between the…

2Cases cited2 opinions

  1. In re HofbauerNew York Court of Appeals · 1979
  2. In re Keith R.New York City Family Court · 1984

3Cited by9 opinions

  1. In re Tyesha C.Appellate Division of the Supreme Court of the State of New York · 1990
  2. In re William EE.Appellate Division of the Supreme Court of the State of New York · 1990
  3. In re Lavountae A.Appellate Division of the Supreme Court of the State of New York · 2008
  4. In re Joyce SS.Appellate Division of the Supreme Court of the State of New York · 1996
  5. In re Kyle T.Appellate Division of the Supreme Court of the State of New York · 1998

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