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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In re Jeffrey D.

Petitioner filed a petition under Family Court Act article 10, alleging child abuse and neglect of respondents' three-month-old son, Jeffrey. Initial allegations involved scalding and bruises, later supplemented with claims of numerous fractured ribs following further medical examinations. The Family Court found no abuse but adjudicated the child neglected. The mother appealed, but the Appellate Court rejected the mootness argument, citing the permanent stigma of a neglect adjudication. Based on expert medical testimony from Dr. Louise Godine, who identified nine fractured ribs indicative of forceful squeezing and determined the injuries predated the scalding, the Appellate Court affirmed the Family Court's finding. The court noted the parents' failure to provide a reasonable explanation for the injuries, allowing for strong adverse inferences.

Child Neglect AdjudicationFamily Court Act Article 10Infant Rib FracturesScalding InjuriesMedical Expert TestimonyPreponderance of Evidence StandardMootness Doctrine ApplicationParental Explanations DiscreditedAdverse InferencesAppellate Affirmation
References
9
Case No. MISSING
Regular Panel Decision

In re Glenn II.

This is an appeal by Respondent Lisa II. from an order of the Family Court of Tioga County. The Family Court granted a petitioner's application to adjudicate Lisa II.'s three children (Tiffany, Glenn, and Jeffrey) as neglected. The neglect allegations stemmed from the parents' failure to prevent the twin boys from accessing cigarettes, lighters, and matches, and respondent's failure to follow through with recommended preventative services. Evidence showed the boys were repeatedly accessing fire-inducing materials, leading to dangerous incidents, and the respondent subsequently refused to lock up lighters. The appellate court affirmed the Family Court's finding, concluding that the evidence sufficiently supported the neglect finding.

Child NeglectFamily Court Act Article 10Parental DutyChild SafetyFire ExperimentationPreventative ServicesAppellate ReviewAffirmation of OrderTioga CountyParental Responsibility
References
2
Case No. No. 6; No. 2
Regular Panel Decision

Diane C. v. Richard B.

This case involves appeals from two Family Court orders concerning David B., a child born in 2004. The grandmother, Cheryl E., appealed orders which adjudicated David B. as neglected and granted sole custody to the father, Richard B. (Allen D.), while terminating her visitation rights. The Chenango County Department of Social Services (DSS) initiated the neglect proceeding, alleging the grandmother failed to provide proper supervision and alienated the child from his father. The Family Court found the grandmother neglected the child based on a pattern of behavior, including making false abuse allegations against the father and repeatedly upsetting the child, a finding affirmed by the appellate court. The appellate court also affirmed the dispositional order, concluding that awarding sole custody to the father and terminating the grandmother's visitation was in the child's best interests, given the psychological harm visitation posed.

Child NeglectCustody ModificationFamily Court Act Article 10Family Court Act Article 6Parental AlienationFalse Allegations of AbuseBest Interests of the ChildPsychological EvaluationGrandparent CustodyVisitation Termination
References
15
Case No. MISSING
Regular Panel Decision

In re Katrina CC.

This case involves an appeal from a Family Court order that adjudicated respondent to have neglected Makenzie DD. and derivatively neglected Katrina CC., and from subsequent orders of protection. The Family Court's decision was based on Makenzie's out-of-court statements alleging abuse by respondent. The appellate court reversed the Family Court's findings, concluding that Makenzie's out-of-court statements lacked sufficient corroboration as required by Family Ct Act § 1046 (a) (vi). The court emphasized that a child's repeated accusations or physical demonstrations, without expert testimony or other validating evidence, are insufficient to meet the corroboration standard. Consequently, the findings of neglect for both children were reversed, and the petition dismissed.

Neglect AdjudicationChild ProtectionFamily Court ActHearsay EvidenceCorroboration StandardAppellate ReviewDerivative NeglectOut-of-Court StatementsChild Abuse AllegationsSufficiency of Evidence
References
10
Case No. MISSING
Regular Panel Decision
Oct 07, 1988

In re Melissa R.

This case involves an appeal from an order of the Family Court of Otsego County, which granted a petitioner's application to adjudicate seven children as neglected. The investigation stemmed from a report to the State Central Register of Alleged Child Abuse or Maltreatment. Following a fact-finding hearing, the children were found neglected due to issues like academic struggles, chaotic home conditions, excessive corporal punishment, and a lack of care from the parents. The respondents appealed, contending that much of the proof was uncorroborated hearsay and that a "diligent plan" was not provided, but these arguments were rejected by the court. The order was affirmed.

neglectchild abusecorporal punishmentFamily Court ActSocial Services LawOtsego Countyappealtemporary removalcustodyfact-finding hearing
References
1
Case No. MISSING
Regular Panel Decision
Jan 03, 2000

In re Scott M.

This case involves an appeal from a Family Court order that adjudicated twin boys, both suffering from severe autism, as neglected. The respondent, their single parent, struggled to care for the boys, leading to their voluntary placement in a residential facility. The petitioner, child protective services, sought to continue this placement by having the children declared neglected after the respondent repeatedly insisted on their return. The Family Court found the children neglected, citing instances of the respondent substituting medication, administering corporal punishment, and exposing a child to cold weather. The appellate court affirmed the decision, emphasizing that a finding of neglect does not require proof of actual injury but rather a substantial risk of harm, particularly for vulnerable children with special needs.

NeglectAutismChild WelfareFamily LawParental ResponsibilityChild ProtectionSpecial Needs ChildrenAppellate DecisionRisk of HarmCorporal Punishment
References
6
Case No. MISSING
Regular Panel Decision

Darin J. v. Tylena S.

The case concerns an appeal from a Family Court order regarding child neglect. Petitioner Darin J. and Chenango County Department of Social Services filed petitions alleging respondent John K. exposed minor children to pornography, leading to a neglect adjudication against him and a modification of visitation rights for respondent Tylena S. (the mother). Tylena S. and John K. appealed this decision. Their appellate counsel sought to be relieved, claiming no non-frivolous issues existed, but the appellate court identified several such issues. Consequently, the appellate decision is withheld, counsels' applications to be relieved are granted, and new counsel will be assigned to address the identified issues.

Child NeglectFamily Court ActVisitation RightsOrder of ProtectionAppellate ReviewCounsel AssignmentNon-Frivolous IssuesSufficiency of EvidenceFamily AssessmentPornography Exposure
References
5
Case No. MISSING
Regular Panel Decision

In re Ashley D.

This case involves appeals from two Family Court orders, both entered on May 22, 1998. The first order adjudicated the respondent's stepdaughter as abused, and the second found his two biological daughters derivatively neglected, stemming from an incident where the respondent physically and sexually assaulted his stepdaughter on October 7, 1997. On appeal, the respondent contended that the evidence was insufficient to support the findings and that he was denied effective assistance of counsel. The Appellate Court affirmed the Family Court's findings, holding that the stepdaughter's out-of-court statements were sufficiently corroborated and that the sexual attack constituted strong evidence for derivative neglect. Furthermore, the court found no merit in the ineffective assistance of counsel claim and affirmed the denial of visitation rights.

Child AbuseChild NeglectFamily Court Act Article 10Appellate ReviewSufficiency of EvidenceCorroboration of StatementsDerivative NeglectSexual AssaultPhysical AssaultIneffective Assistance of Counsel
References
13
Case No. MISSING
Regular Panel Decision
Aug 17, 2009

In re Syira W.

This case involves an appeal by a respondent mother from a Family Court order in Erie County, entered on August 17, 2009, which adjudicated her three children as neglected under Family Court Act article 10. The Appellate Division unanimously affirmed the Family Court's decision. The mother's appeal brought up for review the underlying fact-finding order, despite the dispositional order having expired. The court found sufficient evidence to establish neglect, specifically regarding the presence of at least one child during a domestic violence incident. The mother's contention regarding the insufficiency of evidence was not preserved for appellate review; furthermore, the court's credibility determinations regarding a domestic violence case worker's testimony were entitled to deference.

Child NeglectDomestic ViolenceFamily Court Act Article 10Sufficiency of EvidenceCredibility DeterminationAppellate ReviewFact-Finding OrderOrder of DispositionExpired OrderErie County
References
4
Case No. MISSING
Regular Panel Decision

In re Rebecca X.

This case involves appeals from six Family Court orders that adjudicated Rebecca X., Carissa Y., and Brittany Y. as abused and/or neglected children. Brittany Y. accused the respondent (her mother's boyfriend) of sexual abuse, which was corroborated by medical examinations and social worker assessments despite attempts by her mother and the respondent to influence her statements. The Family Court found clear and convincing evidence of sexual abuse and derivative neglect for her sisters. The respondent was deemed a legally responsible person due to his cohabitation and disciplinary role. The appellate court affirmed all orders, concluding that Brittany's out-of-court statements were sufficiently corroborated, the respondent was properly identified as legally responsible, and the findings of derivative neglect were amply supported. Claims of ineffective assistance of counsel were also rejected.

Sexual abuseChild neglectCorroborated testimonyDerivative findingsParental dutyMedical evidenceWitness intimidationFamily Court proceedingsAppellant rightsAbuse adjudication
References
13
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