MATTER OF ESSCENCE R.

2017-06775. Docket No. N-12550-17.

158 A.D.3d 806 (2018)

68 N.Y.S.3d 890

2018 NY Slip Op 01314

In the Matter of ESSCENCE R. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; EBONY B.R., Respondent.

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

Decided February 28, 2018.


Ordered that the order is affirmed, without costs or disbursements.

An application pursuant to Family Court Act § 1028 for the return of a child who has been temporarily removed "shall" be granted unless the Family Court finds that "the return presents an imminent risk to the child's life or health" (Family Ct Act § 1028 [a]). In making its determination, the court "must weigh, in the factual setting before it, whether the imminent risk to the child can...

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