Court of Appeals of New York

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In the Matter of Dashawn W., 71

The lower court's finding of severe abuse by the father is affirmed, where: 1) the phrase "circumstances evincing a depraved indifference to human life" does not mean the same thing for purposes of Social Services Law section 384-b (8)(a)(i) as it does under the Penal Law; 2) there is record support for the Appellate Division's finding, based on clear and convincing evidence, that father, acting under circumstances evincing a depraved indifference to human life, severely abused the minor, Jayquan; and 3) a showing of diligent efforts to encourage and strengthen the parental relationship is not a prerequisite to a finding of severe abuse under Family Court Act section 1051(e) where the fact-finder determines that such efforts would be detrimental to the best interests of the child.

Appellate Information

  • Decided 04/25/2013
  • Published 04/25/2013

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  • Court of Appeals of New York

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