Legal Opinion

In re Keith H.

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

Decided January 28, 2014Published

1Opinion of the Court

Contrary to respondent’s contentions the record is sufficiently complete to allow this Court to make an independent factual review and draw its own conclusions as to whether the child is a derivatively neglected child (see Matter of Allen v Black, 275 AD2d 207, 209-210 [1st Dept 2000]).

The record demonstrates by a preponderance of the evidence that respondent posed an imminent danger of harm to the child, even though he was not abused by her, because there are prior orders finding that she had neglected and derivatively neglected her other children by inflicting excessive corporal punishment…

2Cases cited7 opinions

  1. In re CruzAppellate Division of the Supreme Court of the State of New York · 1986
  2. Allen v. BlackAppellate Division of the Supreme Court of the State of New York · 2000
  3. In re Kylani R.Appellate Division of the Supreme Court of the State of New York · 2012
  4. In re Umer K.Appellate Division of the Supreme Court of the State of New York · 1999
  5. In re Jason G.Appellate Division of the Supreme Court of the State of New York · 2004

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