Legal Opinion

In re Tameka S.

New York City Family Court

Decided May 15, 1989Published

1Opinion of the Court

OPINION OF THE COURT

Anthony F. Bonadio J.

The respondent moves to dismiss this petition alleging "educational neglect” (Family Ct Act § 1012 [f] [i] [A]) on the ground that it fails to state a cause of action (CPLR 3211 [a] [7]). The motion to dismiss is denied.

*864Family Court Act § 1012 (f) (i) (A) defines a neglected child as a child under 18 years of age

"(i) whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent or other person legally responsible for his care to exercise a minimum degree of care
"(A)…

2Cases cited6 opinions

  1. Young v. Board of Education of Central School District No. 6New York Court of Appeals · 1974
  2. In re Christa H.Appellate Division of the Supreme Court of the State of New York · 1987
  3. In re FranzAppellate Division of the Supreme Court of the State of New York · 1977
  4. In re Michael W.Appellate Division of the Supreme Court of the State of New York · 1986
  5. In re BaerNew York City Family Court · 1984

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