In re Rose B.
The Ulster County Commissioner of Social Services appealed an order from the Family Court of Ulster County that dismissed a petition alleging a child, Rose R., was abused and neglected by her father. The appeal stemmed from observations by school staff of numerous injuries on Rose R., which she attributed to beatings. Initially, the Family Court found insufficient evidence. The appellate court, however, reversed the decision regarding neglect, finding that the Commissioner had established by a preponderance of credible evidence that Rose R.'s physical and emotional condition was impaired due to the father's unreasonable infliction of harm and failure to provide minimum care. The matter was remitted to Family Court for a dispositional hearing.