Legal Opinion

In re Clarissa S.P.

Appellate Division of the Supreme Court of the State of New York

Decided January 17, 2012PublishedCited by 24 opinions

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

  1. Nicholson v. ScoppettaNew York Court of Appeals · 2004
  2. Commissioner of Social Services v. Philip De G.New York Court of Appeals · 1983
  3. Nassau County Department of Social Services Ex. Rel. Dante M. v. Denise J.New York Court of Appeals · 1995
  4. In re CruzAppellate Division of the Supreme Court of the State of New York · 1986
  5. 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

  1. Matter of David M. (Sonia M.-C.)Appellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Isaiah L. (Chris B.)Appellate Division of the Supreme Court of the State of New York · 2014
  3. Matter of Nassair S. (Chareshma T.)Appellate Division of the Supreme Court of the State of New York · 2016
  4. In re Adam K.Appellate Division of the Supreme Court of the State of New York · 2013
  5. 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.

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