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2012 New York Slip Op 50257

The question before the court is whether an admission and positive toxicology report for marijuana use is enough to establish neglect according to the Family Court Act 1012 (f)(1)(B) or Section 1046 (a)(iii). It is the contention of the Administrator of Children Services (ACS) that it is. The ACS claims that the mother’s use of marijuana establishes a case for parental wrongdoing and that a prima facie case isn’t defended by merely showing that the children weren’t harmed. The ACS said that dismissing the petition because of its failure to prevent any tangible evidence of harm is an error of law.

The mother contends that her infant’s positive toxicology for marijuana is in and of itself insufficient proof. It doesn’t prove that the child was harmed or put in any kind of danger. She claims that relying only on the report fails to make a causative connection to the surrounding circumstances.

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2016 NY Slip Op. 08222

Decision

This appeal was brought by the plaintiff from an order of the Supreme Court of Queens County, October 16, 2014. The order granted portions of the motion which awarded child support and maintenance payments in the amount of $4,887. And $1965. Respectively.

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2016 Slip Op. 08192

December 7, 2016

This case is an appeal by the plaintiff for an order by the Supreme Court. One order granted the plaintiff’s motion to put the action on calendar for a settlement conference and ask for the dismissal of a complaint against the defendant and Anne Hoffman. This order denied the plaintiff the opportunity to reargue a motion requesting a dismissal of the complaint, insofar as it is asserted against Helena Behan.

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Slip Op 02376

Gabriella was tried as a person who needed supervision (PINS) and placed on one year’s probation. A juvenile delinquency petition was filed against Gabriella alleging physical abuse by her mother. She appeared in family court based on PINS violations and the court eventually remanded her to a detention facility. Gabriella left the facility. Her probation officer, Flores, tried to obtain a PINS warrant.

In March, the police visited Gabriella’s home to execute a warrant. She admits she did not comply and go quietly. Eventually, despite her protests she was taken into custody.

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The neglect proceeding was heard pursuant to Article 10 of the Family Court Act. The Respondent has been accused of perpetuating various acts of violence against the children’s mother in front of the children and has been accused of using excessive corporal punishment. R was also accused of being an alcoholic.  R was also prosecuted in criminal court which was dismissed.

The Respondent said that criminal records should not have been used (the arresting officer used them to refresh his memory).

On cross-examination, the officer testified that before attending the neglect proceeding he had reviewed criminal paperwork, the Domestic Incident Report (DIR) and his memo book to refresh his memory.

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