Matter of Ruth Joanna O.O. (Melissa O.)

I respectfully dissent. The Family Court failed to make a finding that the respondent Melissa O.’s (mother) conduct impaired or threatened to impair her child’s physical, mental or emotional condition, and therefore had no basis to hold that she neglected the child. I would further find that there was no admissible evidence before the Family Court from which it could have made such a finding. Accordingly, I would reverse the decision of the Family Court.

In a child protective proceeding, petitioner has the burden to prove abuse or neglect by a preponderance of the evidence (Family Ct Act §…