In re Clarissa S.P.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
At a fact-finding hearing in a neglect proceeding pursuant to Family Court Act article 10, the petitioner has the burden of proving by a preponderance of the evidence that the subject children were neglected (see Family Ct Act § 1046 [b] [i]; Matter of Mariah C. [Frey C.-M.], 84 AD3d 1372 [2011]). “[A] party seeking to establish neglect must show . . . first, that a child’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child is a consequence of the failure of the parent or caretaker…
2Cases cited12 opinions
- Nicholson v. ScoppettaNew York Court of Appeals · 2004
- Commissioner of Social Services v. Philip De G.New York Court of Appeals · 1983
- Nassau County Department of Social Services Ex. Rel. Dante M. v. Denise J.New York Court of Appeals · 1995
- In re CruzAppellate Division of the Supreme Court of the State of New York · 1986
- In re of Amber C.Appellate Division of the Supreme Court of the State of New York · 2007
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Matter of David M. (Sonia M.-C.)Appellate Division of the Supreme Court of the State of New York · 2014
- Matter of Isaiah L. (Chris B.)Appellate Division of the Supreme Court of the State of New York · 2014
- Matter of Nassair S. (Chareshma T.)Appellate Division of the Supreme Court of the State of New York · 2016
- In re Adam K.Appellate Division of the Supreme Court of the State of New York · 2013
- In re Adam K.Appellate Division of the Supreme Court of the State of New York · 2013
19 more not listed; retrieve them via the Exa API.