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← 71 MISC2D 47 - In re Katherine J.

In re Katherine J.’s Empirical Analysis

1972

Citation profile

4
cited by 4 later decisions
2
states following
October 1990
most recently cited

4 state decisions

Relationships

Relies on Schenck v. United States

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Experience has shown that a parent who abuses one of his children is likely to abuse his other children. This has become a rule of evidence in child protective proceedings. Accordingly, when an abused child has been removed by a Family Court order from its parents, a social welfare worker or other proper petitioner may file a neglect petition against such parent for the removal of his other children, alleging that such parent is likely to abuse them too. Such petition will not be dismissed as legally insufficient. * * * * * * In child protective proceedings, by logical extension of the doctrine, it is also the function of the trial court to determine not only whether neglect or far more serious child abuse exists, but that it is likely to exist. The court sitting as parens patriae cannot be limited in this type of proceeding to conditions already existing or which have happened in the past. Indeed, this court could not be fulfilling its proper function if it limited its necessary broad sweeping horizon of child health, safety and welfare to the past and present situation only when the warning flags from the storms of neglect are still flying and, to borrow a familiar saying from another branch of the law, there is abundant evidence of a "clear and present danger" to children. Schenck v. United States, 249 U.S. 47, 52 , 39 S.Ct. 247, 249 , 63 L.Ed. 470 [1919].”
    1 later decision quote this exact passage
    e.g. In Re SG

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.