NY State court rules that sex offender residing in home with children not by itself, proof of neglect

3-18-2010 New York:

On March 16 the Supreme Court of the State of New York Appellate Division: Second Judicial Department reversed an order by Dutchess County Family Court Judge, Valentino Sammarco, that found the father and mother of four children had neglected them by allowing the father, a registered sex offender, to live with the children.

The Dutchess County Department of Social Services had filed neglect petitions in Family Court against both parents "alleging that the father was an "untreated" level three sex offender who, after his release, had returned to the family home wherein the subject children resided, and that the mother, by allowing the father to return to the home, failed to protect the subject children." After a hearing, Judge Sammarco found that both parents had neglected the children.

In reversing the order by Family Court, the appellate court ruled that the Department of Social Services had failed to show by a preponderance of the evidence that the "father's presence in the home had impaired the subject children's physical, mental, or emotional well-being, or placed them in imminent danger of such impairment."

The appellate court said that the mere presence of a designated sex offendor residing in the home did not of itself establish neglect without a showing of actual danger to the children. ..Source.. Daniel Weaver