MATTER OF ARLENYS B.


70 A.D.3d 598 (2010)

In the Matter of ARLENYS B. and Another, Children Alleged to be Abused and Neglected. ANEUDES B., Appellant; NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided February 25, 2010.


As neglect proceedings are civil in nature, "the usual rules of criminal evidence do not apply" (Matter of Nicole V., 71 N.Y.2d 112, 117 [1987]), and "[t]he Family Court must balance the due process rights of an article 10 respondent with the mental and emotional well being of the child" (Matter of Q.-L. H., 27 A.D.3d 738, 739 [2006]). Here, respondent's due process rights were not violated...

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