Can a court order a child removed from his parents without a finding of neglect or abuse?
"New York", United States of America
The following excerpt is from Baker, Matter of, 106 Misc.2d 994, 436 N.Y.S.2d 833 (N.Y. Fam. Ct. 1981):
Section 1039(e) permits a court to order a child removed from his parents without an actual finding of neglect or abuse. This is prohibited by the constitution as construed by Bennett v. Jeffreys, supra.
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