
A CHILD NEGLECT CASE BASED ON A MOTHERS HISTORY OF DRUG USE
On March 31, 2021, Family Court Act § 1046(a)(iii) was amended to provide that ཞྭthe sole fact that an individual consumes cannabisཛྭ is not sufficient to constitute prima facie evidence of child neglect. In this appeal, we are reviewing an order that determined the mother’s neglect of the child in question. One of the factors
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CHILD PROTECTIVE SERVICES MUST SHOW SEVERAL THINGS TO PROVE THAT A CHILD HAS BEEN NEGLECTED
Petitioner asserts that neglect should have been found here “as a matter of law” on the basis that respondent committed “other acts of a similarly serious nature requiring the aid of the court” (Family Ct Act § 1012 fib). We disagree. At the fact-finding hearing, the mother testified as to statements and behaviors indicating that
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A SINGLE ACT OF DOMESTIC VIOLENCE MAY BE SUFFICIENT TO SUPPORT A FINDING OF CHILD NEGLECT
Neglect is established when a preponderance of the evidence shows that the children’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and that the actual or threatened harm to the children results from the respondent’s failure to exercise a minimum degree of care in providing the children
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