MATTER OF ERICA D.

3401.

77 A.D.3d 505 (2010)

909 N.Y.S.2d 64

In the Matter of ERICA D., a Child Alleged to be Neglected. MARIA D., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided October 21, 2010.


Although the agency failed to meet its burden of showing educational neglect by a preponderance of the evidence, the record supports the alternative theory of neglect advanced by the agency of inadequate guardianship and supervision (see Matter of Satori R., 202 A.D.2d 432, 433 [1994]). The evidence shows that the child has Down's Syndrome with autistic features, requiring constant care, while the mother herself has a full-scale...

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