In re Rebecca W.
Appellate Division of the Supreme Court of the State of New York
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
- In re HofbauerNew York Court of Appeals · 1979
- In re Keith R.New York City Family Court · 1984
3Cited by9 opinions
- In re Tyesha C.Appellate Division of the Supreme Court of the State of New York · 1990
- In re William EE.Appellate Division of the Supreme Court of the State of New York · 1990
- In re Lavountae A.Appellate Division of the Supreme Court of the State of New York · 2008
- In re Joyce SS.Appellate Division of the Supreme Court of the State of New York · 1996
- In re Kyle T.Appellate Division of the Supreme Court of the State of New York · 1998
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