Legal Opinion
In re Dutchess County Department of Social Services ex rel. Cody M.
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 1994PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
In a child protective proceeding pursuant to Family Court Act article 10, a parent charged with abuse or neglect has the right to be present at the fact-finding hearing. Family Court Act section 1041 mandates the presence of the parents or at least "every reasonable effort” to notify them prior to the commencement of the fact-finding hearing, while section 1042 addresses the contingency of a parent’s nonpresence for any reason, willful or nonwillful, during the course of the fact-finding hearing. The purpose of the statute is to ensure that there is a full and orderly…
3Cases cited5 opinions
- In re Dean L.Appellate Division of the Supreme Court of the State of New York · 1985
- In re Kendra M.Appellate Division of the Supreme Court of the State of New York · 1991
- In re Laticia B.Appellate Division of the Supreme Court of the State of New York · 1989
- Commissioner of Social Services v. Rafael B.Appellate Division of the Supreme Court of the State of New York · 1992
- In re Jamel H.Appellate Division of the Supreme Court of the State of New York · 1992
4Cited by8 opinions
- In re James Carton K.Appellate Division of the Supreme Court of the State of New York · 1997
- In re Shane OO.Appellate Division of the Supreme Court of the State of New York · 1996
- In re Tesema H.Appellate Division of the Supreme Court of the State of New York · 1996
- In re the Guardianship & Custody of Julian P. H.New York City Family Court · 1998
- In re G./A. ChildrenNew York City Family Court · 1994
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