In re DeAndre S.

Pursuant to Family Court Act § 1028, an application for return of a child “shall” be granted unless the court finds that “the return presents an imminent risk to the child’s life or health” (Family Ct Act § 1028 [a]). In order to-justify a finding of imminent - risk to life or health for removal of a child, an agency need not prove that the child has suffered actual injury. Rather, a court engages in a fact-intensive inquiry to determine whether the child’s physical or emotional health is at risk (see Matter of Martha A. [Diana C.], 75 AD3d 476, 477 [2010], citing Nicholson v Scoppetta, 3…