The case is Matter of Avrie P. (Meliza T.) and the family lawyer for the mother apparently must have done a pretty good job at trial and on appeal because the Appellate Division found unanimously that, on the facts of this case, there should not have been a finding of neglect. The Court held that...

Two points of interest in this case – Matter of Ayanna P. (Darryl B.). (1) The appellate court upheld that it was proper for the trial judge to take a negative inference from the respondent’s failure to testify, notwithstanding the pending criminal case against him. (2) The appellate court reversed a derivative finding of abuse...

The case is Matter of Jayden J. (Florence J.) and the appellate division, ruling on a case that terminated the mother’s parental rights, upheld the denial of the mother’s application to vacate her default. Default – that is to say that the mother was not present and the court made the ruling in her absence....

The case is Matter of Leilia O.W. (Khalifah A.K.) and the appellate division upheld a trial’s court’s finding that, in a child protective proceeding, an uncle residing in the house who assumed childcare and household responsibilities was a “person legally responsible” for such children, under the law. Family Court Act 1012 (g) defines this “person...

In termination of parental rights cases – there is a trial on the merits (to be proved by clear and convincing evidence) and then a dispositional hearing as to the best interests of the child/ren (by a preponderance of the evidence). In Matter of Shilloh M.J (Jamesina M.J.) the appellate court found that permanent neglect...

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...