Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: DESTINY M., A Dependent Child Under the Age of Eighteen Years, etc., Kristina M., Respondent–Appellant, The Administration for Children's Services, Petitioner–Respondent.
Order, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about March 11, 2010, which, after a hearing, found that respondent mother neglected the subject child, unanimously reversed, on the law and the facts, without costs, the finding of neglect vacated, and the petition dismissed.
The subject child was born to a mother who was unaware that she was pregnant until the moment she gave birth to a healthy baby. The mother then went to the hospital to seek treatment for the newborn child, and made statements that lead to a police investigation. The police determined that same day that there was no evidence warranting any further police action. While the mother's judgment was impaired during the time immediately following the unexpected birth, she provided a reasonable explanation based on her medical history and weight for not realizing she was pregnant, and immediately sought appropriate medical treatment for the newborn following delivery. These facts, standing alone, were insufficient to support a finding that “ ‘if the child were released to the mother, there [would be] a substantial probability of neglect’ that places the child at risk” (Matter of Jayvien E. [Marisol T.], 70 A.D.3d 430, 436, 894 N.Y.S.2d 52 [1st Dept 2010] ).
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: October 03, 2013
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)