In re Kasheena M.
Opinion of the Court
—Orders, Family Court, Bronx County (Allen Alpert, J.), entered on or about June 13,1997, which, after a hearing pursuant to Family Court Act § 1028, inter alia, released respondents’ four children, Kasheena M., Kenya A., Kymira A. and Kason A., to the custody of respondent-mother pending a fact-finding hearing upon the underlying neglect petition, unanimously reversed to the extent appealed from as limited by appellant’s brief, on the law, the facts and in the exercise of discretion, without costs, and respondents’ application for the parole of their children to their custody denied.
We believe that the evidence adduced at the removal hearing respecting respondent-father’s repeated and serious physical abuse of at least one of the subject children and the children’s mother was sufficiently probative of an “imminent risk” of harm to the children (see, Family Ct Act § 1028; Matter of Erick C., 220 AD2d 282, 283) to justify the children’s temporary removal from respondents’ custody pending disposition of the underlying neglect proceeding. While we recognize that respondent-mother is not the source of the physical abuse, and, indeed, has been, along with her children, its victim, on the record before us we do not think that respondent-mother, even with
Case-law data current through December 31, 2025. Source: CourtListener bulk data.