Legal Opinion
In re Tammie Z.
New York Court of Appeals
Decided October 8, 1985PublishedCited by 260 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
In a fact-finding hearing to determine whether a child is abused or neglected, the provision of Family Court Act § 1046 (b) that a finding of neglect "must be based on a preponderance of the evidence” affords due process under the Federal Constitution.
This proceeding was brought by respondent Department of Social Services pursuant to Family Court Act article 10, alleging that appellant father, the custodial parent, was neglecting his three children. Article 10 sets forth a two-step procedure to identify and protect abused or neglected children. The first step is a…
3Cases cited4 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Santosky v. KramerSupreme Court of the United States · 1982
- In re Ella B.New York Court of Appeals · 1972
- In re Darlene T.New York Court of Appeals · 1971
4Cited by260 opinions
- In re Nicole V.New York Court of Appeals · 1987
- Matter of Philip M.New York Court of Appeals · 1993
- In re Christina F.New York Court of Appeals · 1989
- In re of Amber C.Appellate Division of the Supreme Court of the State of New York · 2007
- In re Jaclyn P.New York Court of Appeals · 1995
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