In the Matter of Billy Jean II
New York Supreme Court, Appellate Division
226 A.D.2d 767, 640 N.Y.S.2d 326 (1996)
- Written by Deanna Curl, JD
Facts
Billy Jean II. was born in 1989 to Ray II. and Colleen II. (defendants). Between 1990 and 1993, multiple reports were filed with the State Central Registry of Child Abuse and Maltreatment (the State Central Registry) alleging that Billy Jean was neglected due to unsafe and unsanitary living conditions, poor hygiene, and domestic violence in her home. On July 11, 1993, police responded to a report at Ray’s home that Ray had violently assaulted Colleen in front of Billy Jean. Following the incident, state troopers removed Billy Jean from the home because they felt Ray and Dominic, a friend of Ray’s found in the home, were unsuitable caregivers. A petition alleging that Billy Jean was neglected was filed in family court on July 29, 1993. At hearings in March and June 1994, the court heard conflicting accounts of the incident that occurred in the home on July 11. The court ultimately found that Ray neglected Billy Jean and entered a disposition order on September 7, 1994, placing Billy Jean in protective custody. Ray appealed the neglect finding.
Rule of Law
Issue
Holding and Reasoning (Peters, J.)
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