Sunday, October 3, 2010

Court Of Appeals Invites Amicus Participation

The Court of Appeals has invited amicus participation in Matter of Afton C. (James C.) (73 A.D.3d 887 [2nd Dept. 2010]). Matter of Afton C. involves five related Family Court Article 10 proceedings. The petition alleged that the father was a "untreated level three sex offender," who after his release, had returned to the family home and that the mother, by allowing the father to return to the home, impaired their children's physical, mental, or emotional well-being or placed them in imminent danger of such impairment. The Appellate Division reversed the family court's order holding that the mere fact that a sex offender was allowed to return to the home was sufficient. The Appellate Division, therefore, denied the petitions and dismissed the proceedings. The issue in the Court of Appeals is whether the Appellate Division erred in dismissing the petitions.

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