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Matter of Shondella M – Case Brief Summary (New York)

In Matter of Shondella M. (76 AD3d 428, 906 N.Y.S.2d 229 [1st Dept 2010]) the Court reversed a neglect finding entered by the Family Court based on allegations of domestic violence that took place in the presence of the child.

The appellate court held that there was no basis for continued supervision or for requiring respondent to participate in referrals made by the agency and that the petition should, therefore, be dismissed pursuant to Family Court Act § 1051(c).

The Court emphasized that the respondent's relationship to her former boyfriend had ended and that the domestic violence between them had been an isolated incident.

The Court also noted that the child was being raised "as a model person and student [who] wished to continue residing in the security of his mother's custody."