Matter of Hana-Aluna O. C.-M. (Kimberly C.)

Holding The Appellate Division affirmed the Family Court’s order of disposition finding that the mother neglected the child by failing to provide adequate shelter and food. The court determined that the child’s out-of-court statements were sufficiently corroborated by witness testimony and records to support the finding of neglect.

The court’s words

the petitioner has the burden of establishing that the subject child has been abused or neglected by a preponderance of the evidence

2026 NY Slip Op 05784, at the official text

the child's out-of-court statements were sufficiently corroborated by the testimony of a case worker, a police officer, the mother, and the records that were admitted into evidence

2026 NY Slip Op 05784, at the official text

a parent may be found to have neglected a child by failing to supply the child with adequate shelter based on the unsanitary, deplorable, or otherwise unsafe conditions of the home

2026 NY Slip Op 05784, at the official text