A father's refusal to admit authorities into his apartment to investigate a report that he was mistreating his son was not enough to sustain a finding of neglect against him, a Brooklyn-based appellate panel has ruled.
"The evidence did not establish that Joshua's physical, mental, or emotional condition was impaired, or was in imminent danger of becoming impaired, as a result of the father's refusal to allow the [Westchester County Department of Social Services] Emergency Services workers into his apartment," the unanimous Appellate Division, Second Department, panel wrote in Matter of Joshua J., 2011-09153.
