In re Marie B.
New York Court of Appeals
POINTS OF COUNSEL I. The decision of the court below did not conform to the decision of the Family Court. II. The particular facts, in the case at bar, require a finding that subdivision (e) of section 1039 of the Family Court Act is constitutional. (Matter of Gary A., 60 AD2d 927; Matter of Spieluogel v Ford, 1 NY2d 558; United States v Caroline Prods.
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POINTS OF COUNSEL I. The decision of the court below did not conform to the decision of the Family Court. II. The particular facts, in the case at bar, require a finding that subdivision (e) of section 1039 of the Family Court Act is constitutional. (Matter of Gary A., 60 AD2d 927; Matter of Spieluogel v Ford, 1 NY2d 558; United States v Caroline Prods. Co., 304 US 144; United States v Thompson, 452 F2d 1333, 405 US 998; Childs v Childs, 69 AD2d 406, 446 US 901.) I. Subdivision (e) of section 1039 of the Family Court Act represents a legitimate legislative balance between immediate divisive…
1Opinion of the Court
OPINION OF THE COURT
Jasen, J.
The critical issue on this appeal is the constitutionality of subdivision (e) of section 1039 of the Family Court Act which authorizes a conclusive finding of parental neglect and the consequent removal of a child, without an actual determination of whether the child has in fact been abused or neglected. Specifically, subdivision (e) of section 1039 provides that parental neglect shall be deemed to exist whenever a court finds that the parent has failed substantially to observe the terms of a previously ordered adjournment in contemplation of dismissal of charges…
2Cases cited11 opinions
- Santosky v. KramerSupreme Court of the United States · 1982
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Wisconsin v. YoderSupreme Court of the United States · 1972
- Pierce v. Society of SistersSupreme Court of the United States · 1925
- Bennett v. JeffreysNew York Court of Appeals · 1976
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3Cited by50 opinions
- In the Matter of Afton C.New York Court of Appeals · 2011
- Ronald FF. v. Cindy GG.New York Court of Appeals · 1987
- In re the Adoption of Daniel C.New York Court of Appeals · 1984
- In re Angelina AA.Appellate Division of the Supreme Court of the State of New York · 1995
- In re Jamie J.Court for the Trial of Impeachments and Correction of Errors · 2017
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