In the Matter of Lee TT., Respondent v. Michael Dowling, as Commissioner of the New York State Department of Social…

Summary

The New York Court of Appeals affirmed the Appellate Division orders that the statutory "some credible evidence" standard for substantiating child abuse reports violates the Due Process Clause of the Fourteenth Amendment. The Court held that a fair preponderance of the evidence standard is required at the administrative hearing stage before a report may be disseminated to licensing or employment agencies.