Legal Opinion

Febles v. Dutchess County Department of Social Services Child Protective Services

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

Decided December 15, 2009PublishedCited by 6 opinions

1Opinion of the Court

At an administrative expungement hearing, a report of child abuse or maltreatment must be established by a fair preponderance of the evidence (see Matter of Lee TT. v Dowling, 87 NY2d 699, 703 [1996]; Matter of Blythe v Carrion, 63 AD3d 1059 [2009]; Matter of Valentine v New York State Cent. Register of Child Abusers & Maltreatment, 37 AD3d 249 [2007]). To establish that maltreatment occurred, the agency must show that the child’s physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the parent’s failure to exercise a minimum…

2Cases cited12 opinions

  1. Berenhaus v. WardNew York Court of Appeals · 1987
  2. MATTER OF LEE TT. v. DowlingNew York Court of Appeals · 1996
  3. Jeannette LL. v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2003
  4. Blythe v. CarrionAppellate Division of the Supreme Court of the State of New York · 2009
  5. Tonette E. v. New York State Office of Children & Family ServicesAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by6 opinions

  1. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2020
  2. Gell v. CarrionAppellate Division of the Supreme Court of the State of New York · 2011
  3. Washington v. State of New York Office of Children & Family ServicesAppellate Division of the Supreme Court of the State of New York · 2010
  4. Ojofeitimi v. New York State Office of Children & Family ServicesAppellate Division of the Supreme Court of the State of New York · 2011
  5. In re Kailynn I.New York City Family Court · 2016

1 more not listed; retrieve them via the Exa API.

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