MATTER OF ALEXANDER D.


45 A.D.3d 264 (2007)

845 N.Y.S.2d 244

In the Matter of ALEXANDER D. and Another, Children Alleged to be Neglected. VICTORIA D. et al., Appellants; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 1, 2007.


Petitioner failed to establish by a preponderance of the evidence that Edward D., a 10-year-old autistic child, was educationally neglected (see Family Ct Act § 1012 [f] [i] [A]; § 1046 [b] [i]). Edward's unexcused absence from school "does not, ipso facto, establish either the parental misconduct or the harm or potential harm to the child necessary to a finding of [educational] neglect," where a preponderance of the evidence shows that respondent mother...

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