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MATTER OF DeANDRE S. ADMINISTRATION FOR CHILDREN'S SERVICES

2011-05417.

92 A.D.3d 888 (2012)

939 N.Y.S.2d 499

2012 NY Slip Op 1468

In the Matter of DeANDRE S. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; CLEON W., Appellant. LATOYA F.S., Nonparty Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 21, 2012.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Pursuant to Family Court Act § 1028, an application for return of a child "shall" be granted unless the court finds that "the return presents an imminent risk to the child's life or health" (Family Ct Act § 1028 [a]). In order to justify a finding of imminent risk to life or health for removal of a child, an agency need not prove that the child has suffered actual...

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