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Appellate court reverses neglect finding of mom whose baby failed to thrive

On Wednesday, June 12, 2013, The Second Judicial Department of the Appellate Division of the Supreme Court of the State of New York unanimously reversed a decision by Kings County Family Court Judge, Susan S. Danoff, which found that a mother had neglected one child and derivatively neglected another one. The appellate court stated that the family court's decision was not supported by a preponderance of the evidence, and it agreed with the mother that the petitioner, New York City's Administration for Children's Services (ACS) had failed to "establish that the failure of the baby Jaylynn R. to thrive and adequately gain weight was a consequence of the mother's failure to properly feed her."

Not only did the appellate court reverse Judge Danoff's decision, it pointed out that family court "...violated the mother's due process rights when it instructed her not to consult with her attorney during a two-month adjournment of the fact-finding hearing."

On June 12, the same panel affirmed another decision by Judge Danoff.

You can read the entire decision here.


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