Legal Opinion

In re Rachel C.

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

Decided December 30, 1999No. Appeal No. 2Published

1Opinion of the Court

—Order unanimously reversed on the law and facts without costs and petition dismissed. Memorandum: Family Court erred in determining that respondent neglected her four children. The specific allegations concerned only Rachel and Joseph. With respect to Rachel, the petition alleged that respondent’s boyfriend grabbed the child by the neck (see, Family Ct Act § 1012 [f| [i] [B]). A finding of neglect cannot be sustained where, as here, there is no evidence that the parent “knew or should reasonably have known that the child was in imminent danger of becoming physically, mentally or emotionally…

2Cases cited2 opinions

  1. In re Michael C.Appellate Division of the Supreme Court of the State of New York · 1991
  2. In re Melissa U.Appellate Division of the Supreme Court of the State of New York · 1989

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