In re Katrina W.
This child protective proceeding concerns Katrina W., deemed an "abused child" by the Family Court due to her mother's failure to protect her from sexual abuse by an older brother. The appellant mother challenged the constitutionality of the preponderance of the evidence standard in Family Court Act article 10 abuse proceedings, arguing for a higher standard like clear and convincing evidence. The court rejected this argument, affirming that the preponderance of the evidence standard satisfies due process, aligning with precedents for neglect proceedings. The decision emphasized the State's compelling parens patriae interest in child welfare during abuse cases, which outweighs parental interests in this context, where placement is temporary, not an irrevocable termination of parental rights. Additionally, the court found sufficient evidence, including expert medical testimony and Katrina's corroborated statements, to uphold the finding of abuse and affirmed the dispositional order placing Katrina with the agency for one year.