In the Matter of Afton C., a Child Alleged to Be Neglected. Dutchess County Department of Social Services…

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the evidence was insufficient to find the children neglected because the statutory neglect standard requires proof of actual or imminent danger and a causal link to parental conduct; the mere presence of a convicted, untreated level‑three sex offender in the home does not satisfy that requirement. Justice Graffeo concurred, emphasizing the lack of a bright‑line rule and limited precedential value.