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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48526

Judge Balkin

PURSUANT TO Family Court Act §1012(f)(i)(A) the Department of Social Services sought a declaration that the subject child was educationally neglected. The court found overwhelming evidence of the child’s unexcused school absences for periods lasting several days and weeks in October through Dec. 18, 2002 and several months from Dec. 19, 2002 to June 2003. It noted that her parents failed to offer evidence that she attended school, received required instruction elsewhere or that her absences were justified. The court held it to be in the child’s best interests to find her educationally neglected. Citing Matter of Catherine K., it concluded that her parent’s decision to leave her at home, in social isolation, absent alternative educational plans, instructional processes or activities with other children, impaired her health, education and welfare so that she is in imminent danger of becoming mentally and emotionally impaired by her parents’ failure to provide a full-time education.

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