Legal Opinion

In re David G.

New York City Family Court

Decided October 15, 2010Published

1Opinion of the Court

OPINION OF THE COURT

Emily M. Olshansky, J.

The question presented by the instant case is whether the evidence adduced on New York City Children’s Service’s (NYCCS) direct case at the combined Family Court Act § 1027 hearing, for the child David, and Family Court Act § 1028 hearing, for the children Javel and Blossom, establishes imminent risk sufficient to warrant the children remaining in nonkinship foster care during the pendency of these proceedings. In the court’s view, that question must be answered in the negative since any possible risk to the children from the father can be mitigated…

2Cases cited14 opinions

  1. Nicholson v. ScoppettaNew York Court of Appeals · 2004
  2. Tenenbaum v. WilliamsCourt of Appeals for the Second Circuit · 1999
  3. Matter of Marino S.New York Court of Appeals · 2003
  4. Nicholson v. WilliamsDistrict Court, E.D. New York · 2002
  5. Tylena S. v. Darin J.Appellate Division of the Supreme Court of the State of New York · 2004

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