Legal Opinion
In re Arthur S.
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 2009PublishedCited by 24 opinions
1Opinion of the Court
Family Court Act § 1012 (f) defines a “[n]eglected child” as one whose “physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired” because of a parent’s failure “to exercise a minimum degree of care ... by misusing a drug” (Family Ct Act § 1012 [f] [i] [B]). In addition, Family Court Act § 1046 (a) (iii) provides that repeated drug use by a parent is prima facie evidence of parental culpability (see Matter of Keira O., 44 AD3d 668 [2007]; Matter of Luis B., 302 AD2d 379 [2003]). In particular, that section states that “proof that a [parent]…
2Cases cited5 opinions
- In re Keira O.Appellate Division of the Supreme Court of the State of New York · 2007
- In re Krewsean S.Appellate Division of the Supreme Court of the State of New York · 2000
- In re William T.Appellate Division of the Supreme Court of the State of New York · 1992
- In re Aaliyah G.Appellate Division of the Supreme Court of the State of New York · 2008
- In re Maximo M.New York City Family Court · 2000
3Cited by24 opinions
- In re Sadiq H.Appellate Division of the Supreme Court of the State of New York · 2011
- In re Chassidy CC.Appellate Division of the Supreme Court of the State of New York · 2011
- Matter of Ava A. (Steven A.)Appellate Division of the Supreme Court of the State of New York · 2020
- Matter of Chastity O.C. (Angie O.C.)Appellate Division of the Supreme Court of the State of New York · 2016
- Matter of Madeleine B. (Peter B.)Appellate Division of the Supreme Court of the State of New York · 2021
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