Matter of Saint B. (Lakisha B.)

Summary

The Appellate Division, Second Department reversed a Family Court order denying the Administration for Children's Services' application to remove a child from the mother's custody under Family Court Act § 1027. The court held that the record established an imminent risk to the child's life or health because the mother had prior neglect adjudications and had not benefited from services, and granted continued placement of the child in the agency's custody pending the proceeding.

Holdings

1. After a hearing on a child protective petition, temporary removal is authorized only when necessary to avoid an imminent risk to the child's life or health, and the court must weigh whether reasonable efforts can mitigate the risk, balance the risk against the harm of removal, and determine which course is in the child's best interests.
2. The Family Court's denial of the petitioner's § 1027 application lacked a sound and substantial basis in the record because the evidence of the mother's repeated neglect adjudications, excessive corporal punishment, continuing out-of-home placements, and failure to benefit from services warranted temporary removal.

Questions Presented

1. Whether the Family Court properly denied the Administration for Children's Services' application under Family Court Act § 1027 to temporarily remove the subject child from the mother's custody and continue the child's placement in petitioner's custody pending the neglect proceeding.
2. Whether the Family Court's determination had a sound and substantial basis in the record.

Disposition

reversed