A parent's application pursuant to Family Court Act § 1028(a) for the return of a child who has been temporarily removed "shall" be granted unless the Family Court finds that "the return presents an imminent risk to the child's life or health" (see Matter of Skkyy M.R. [Justin R.-Desanta C.], 206 A.D.3d 660; Matter of Cheryl P. [Ayanna M.], 168 A.D.3d 1062, 1063). The court's determination will not be disturbed if it is supported by a sound and substantial basis in the record (see Matter of Chase P. [Maureen Q.], 199 A.D.3d 807; Matter of Carter R. [Camesha B.], 184 A.D.3d 575).
The mother appeals. A parent’s application pursuant to Family Court Act § 1028(a) for the return of a child who has been temporarily removed "shall" be granted unless the Family Court finds that "the return presents an imminent risk to the child’s life or health" (seeMatter of Skkyy M.R. [Justin R.-Desanta C.], 206 A.D.3d 660, 168 N.Y.S.3d 544; Matter of Cheryl P. [Ayanna M.], 168 A.D.3d 1062, 1063, 92 N.Y.S.3d 728). The court’s determination will riot be disturbed if it is supported by a sound and substantial basis in the record (seeMatter of Chase P. [Maureen Q.], 199 A.D.3d 807, 158 N.Y.S.3d 145; Matter of Carter R. [Camesha B.], 184 A.D.3d 575, 122 N.Y.S.3d 906).
The mother appeals. Although the children have subsequently been returned to the mother's custody, the mother's appeal is not academic, as the underlying finding of imminent risk to the children's life or health in the event they were returned to the mother at the time the order was issued constitutes a permanent and significant stigma that might indirectly affect the mother's status in potential future proceedings (see Matter of Cheryl P. [Ayanna M.], 168 A.D.3d 1062, 1062-1063). A parent's application pursuant to Family Court Act § 1028(a) for the return of a child who has been temporarily removed "shall" be granted unless the Family Court finds that "the return presents an imminent risk to the child's life or health" (id.; see Matter of Nyomi P. [Imeisha P.], 189 A.D.3d 843, 844).
The mother appeals. Although the children have subsequently been returned to the mother's custody, the mother's appeal is not academic, as the underlying finding of imminent risk to the children's life or health in the event they were returned to the mother at the time the order was issued constitutes a permanent and significant stigma that might indirectly affect the mother's status in potential future proceedings (seeMatter of Cheryl P. [Ayanna M.], 168 A.D.3d 1062, 1062–1063, 92 N.Y.S.3d 728 ). A parent's application pursuant to Family Court Act § 1028(a) for the return of a child who has been temporarily removed "shall" be granted unless the Family Court finds that "the return presents an imminent risk to the child's life or health" ( id. ; seeMatter of Nyomi P. [Imeisha P.], 189 A.D.3d 843, 844, 133 N.Y.S.3d 479 ).
The mother appeals. Although the children have subsequently been returned to the mother's custody, the mother's appeal is not academic, as the underlying finding of imminent risk to the children's life or health in the event they were returned to the mother at the time the order was issued constitutes a permanent and significant stigma that might indirectly affect the mother's status in potential future proceedings (see Matter of Cheryl P. [Ayanna M.], 168 A.D.3d 1062, 1062-1063). A parent's application pursuant to Family Court Act § 1028(a) for the return of a child who has been temporarily removed "shall" be granted unless the Family Court finds that "the return presents an imminent risk to the child's life or health" (id.; see Matter of Nyomi P. [Imeisha P.], 189 A.D.3d 843, 844).
The mother appeals. A parent's application pursuant to Family Court Act § 1028(a) for the return of a child who has been temporarily removed "shall" be granted unless the Family Court finds that "the return presents an imminent risk to the child's life or health" (see Matter of Nyomi P. [Imeisha P.], 189 AD3d 843, 844; Matter of Cheryl P. [Ayanna M.], 168 AD3d 1062, 1063). In making its determination, the court "must weigh, in the factual setting before it, whether the imminent risk to the child can be mitigated by reasonable efforts to avoid removal" (Nicholson v Scoppetta, 3 NY3d 357, 378) and "must balance that risk against the harm removal might bring, and it must determine factually which course is in the child's best interests" (id. at 378; see Matter of Nyomi P. [ImeishaP.], 189 AD3d at 844; Matter of Romeo O. [Sita P.-M.]
The mother appeals. A parent's application pursuant to Family Court Act § 1028(a) for the return of a child who has been temporarily removed "shall" be granted unless the Family Court finds that "the return presents an imminent risk to the child's life or health" (see Matter of Nyomi P. [Imeisha P.], 189 A.D.3d 843, 844; Matter of Cheryl P. [Ayanna M.], 168 A.D.3d 1062, 1063). In making its determination, the court "must weigh, in the factual setting before it, whether the imminent risk to the child can be mitigated by reasonable efforts to avoid removal" (Nicholson v Scoppetta, 3 N.Y.3d 357, 378) and "must balance that risk against the harm removal might bring, and it must determine factually which course is in the child's best interests" (id. at 378; see Matter of Nyomi P. [Imeisha P.], 189 A.D.3d at 844; Matter of Romeo O. [Sita P.-M.]
The mother appeals. A parent's application pursuant to Family Court Act § 1028(a) for the return of a child who has been temporarily removed "shall" be granted unless the Family Court finds that "the return presents an imminent risk to the child's life or health" (see Matter of Nyomi P. [Imeisha P.], 189 A.D.3d 843, 844; Matter of Cheryl P. [Ayanna M.], 168 A.D.3d 1062, 1063). In making its determination, the court "must weigh, in the factual setting before it, whether the imminent risk to the child can be mitigated by reasonable efforts to avoid removal" (Nicholson v Scoppetta, 3 N.Y.3d 357, 378) and "must balance that risk against the harm removal might bring, and it must determine factually which course is in the child's best interests" (id. at 378; see Matter of Nyomi P. [Imeisha P.], 189 A.D.3d at 844; Matter of Romeo O. [Sita P.-M.]
After the hearing, the court denied the mother's application.A parent's application pursuant to Family Court Act § 1028 for the return of a child who has been temporarily removed "shall" be granted unless the Family Court finds that "the return presents an imminent risk to the child's life or health" ( Family Ct. Act § 1028[a] ; seeMatter of Cheryl P. [Ayanna M.], 168 A.D.3d 1062, 1063, 92 N.Y.S.3d 728 ; Matter of Tatih E. [Keisha T.], 168 A.D.3d 935, 92 N.Y.S.3d 352 ; Matter of Saad A. [Umda M.], 167 A.D.3d 596, 597, 89 N.Y.S.3d 249 ; Matter of Chloe W. [Tara W.], 165 A.D.3d 681, 85 N.Y.S.3d 103 ). In making its determination, the court "must weigh, in the factual setting before it, whether the imminent risk to the child can be mitigated by reasonable efforts to avoid removal" and "must balance that risk against the harm removal might bring, and it must determine factually which course is in the child's best interests" ( Nicholson v. Scoppetta, 3 N.Y.3d 357, 378, 787 N.Y.S.2d 196, 820 N.E.2d 840 ; seeMatter of Romeo O. [Sita P.-M.]
After the hearing, the court denied the mother's application. A parent's application pursuant to Family Court Act § 1028 for the return of a child who has been temporarily removed "shall" be granted unless the Family Court finds that "the return presents an imminent risk to the child's life or health" (Family Ct Act § 1028[a]; see Matter of Cheryl P. [Ayanna M.], 168 AD3d 1062, 1063; Matter of Tatih E. [Keisha T.], 168 AD3d 935; Matter of Saad A. [Umda M.], 167 AD3d 596, 597; Matter of Chloe W. [Tara W.], 165 AD3d 681). In making its determination, the court "must weigh, in the factual setting before it, whether the imminent risk to the child can be mitigated by reasonable efforts to avoid removal" and "must balance that risk against the harm removal might bring, and it must determine factually which course is in the child's best interests" (Nicholson v Scoppetta, 3 NY3d 357, 378; see Matter of Romeo O. [Sita P.-M.]