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DecisionsCourt resolves derivative abuse solely by abuse analysis

June 2, 2020

To be sure, so-called “derivative” child protective findings are not novel. What was interesting about the decision in Matter of A.P. (M.P.) was that the court resolved the issue of whether the derivative findings would lie by stating that they were “inextricably” linked to the issue of the actual finding.

Derivative neglect and abuse originates statutorily from the Family Court Act which states that abuse or neglect of one child is admissible evidence as abuse or neglect of another child.

Usually the courts resolve the issue with a bit more analysis as to that child (or children) who are alleged to have been derivatively neglected/abused. This could be a simple analysis and assessment that the actions demonstrate a fundamental defect in parenting, or that the children were similarly situated and thereby placed in the same position as another child for whom there is more evidence of actual abuse or neglect. Here, the issue of derivative abuse was resolved entirely regarding the allegations of the underlying sexual abuse allegation.

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About the author:

Founder and Principal Attorney at the Law Office of Bryan Greenberg LLC, Middlesex County, NJ. With an unwavering commitment to guiding individuals through the complex and emotional landscape of divorce and family law matters, Bryan stands as the founding attorney of Law Office of Bryan Greenberg. Backed by years of legal expertise and a deep understanding of Middlesex County's legal landscape, Bryan is dedicated to offering compassionate yet pragmatic solutions to every client's unique situation. Through insightful blog posts, Bryan shares valuable insights, tips, and advice on navigating the challenges of divorce and family law, helping individuals make informed decisions during these critical life transitions. For comprehensive legal guidance and empathetic support, turn to Bryan Greenberg and the team at the Law Office of Bryan Greenberg.

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