In re Christa H.

Order unanimously reversed on the law without costs and matter remitted to Onondaga County Family Court for further proceedings, in accordance with the following memorandum: The court erred in granting the motion of respondents to dismiss the petition charging educational neglect for failure to make out a prima facie case (see, Family Ct Act § 1012 [f] [i] [A]).

Proof that a minor child is not attending a public or parochial school in the district where the parents reside makes out a prima facie case of educational neglect, pursuant to section 3212 (2) (d) of the Education Law. Once such proof…