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’s dismissal of neglect petitions, holding that the evidence was insufficient to show that the father’s status as an untreated level‑three sex offender created an actual or imminent danger to the children, and therefore the mother did not neglect them by allowing him to reside in the home. The Court emphasized the statutory requirements of a concrete danger and a causal link to parental conduct. Justice Graffeo, in a concurring opinion, agreed with the result but cautioned that the holding should not be read as a broad bright‑line rule.