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MOTHER’S MOTION TO VACATE THE NEGLECT FINDING SHOULD HAVE BEEN GRANTED (SECOND DEPT).

The Second Department, reversing Family Court, determined mother’s motion to vacate the neglect finding should have been granted:

… [T]he mother demonstrated good cause to modify the order of disposition and to vacate the order of fact-finding, which found that she neglected the children. The mother demonstrated her lack of a prior child protective history, her remorse and insight into how her actions affected the children, and her commitment to ameliorating the issues that led to the finding of neglect, including her compliance with court-ordered services and treatment … . In addition, she demonstrated that the requested relief was in the best interests of the children … . Matter of Nila S. (Priscilla S.), 2022 NY Slip Op 00670, Second Dept 2-2-22

 

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