MATTER OF SELENA O.

7670.

168 A.D.3d 590 (2019)

93 N.Y.S.3d 44

2019 NY Slip Op 00546

In the Matter Selena O. and Others, Infants. Lakeysha H., Appellant; Administration for Children's Services, Respondent.

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

Decided January 29, 2019.


Petitioner Administration for Children's Services (ACS) failed to establish by a preponderance of the evidence that any of the subject children were neglected by the mother. Although Mariana was struggling in school, the evidence shows that she was enrolled in school, had regular attendance and, in fact, had a special needs teacher assigned to her since the third grade. There were chronic communication difficulties between the...

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