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EVIDENCE DID NOT SUPPORT A NEGLECT FINDING BASED UPON THE CONDITION OF THE HOME (FIRST DEPT),

The First Department, in affirming neglect findings based upon leaving the children unattended in a car and in the bathtub, determined that the evidence did not support the neglect finding based upon the condition of the home:

The only evidence that respondents failed to maintain the home in a sanitary condition was the caseworker’s testimony about her observations during a single visit, which is insufficient to support the finding of neglect on that basis … . Matter of Dream F. (Phillystina R.), 2020 NY Slip Op 05832, First Dept 10-15-20

 

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