Opinion
May 1, 1980
Appeal from a judgment of the Family Court of Ulster County, entered April 5, 1979, which adjudged appellants' three children to be permanently neglected pursuant to article 6 of the Family Court Act. The sole contention upon this appeal is that section 622 FCT of the Family Court Act is unconstitutional because the standard of proof required by the statute, a fair preponderance of the evidence, is so low that it deprives them of due process of law. In Matter of Anthony L. CC. ( 48 A.D.2d 415, 419), this court held that the level of proof required by section 622 was constitutional. In adhering to our decision, we note that the permanent neglect statute (Social Services Law, § 384-b; Family Ct Act, § 611 et seq.) recognizes and seeks to balance rights possessed by the child (see Social Services Law, § 384-b, subd 1; Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 546-547) with those of the natural parents (see Social Services Law, § 384-b, subd 1; Matter of Sanjivini K., 47 N.Y.2d 374, 382; Matter of Corey L v Martin L, 45 N.Y.2d 383, 392). Accordingly, application of the preponderance of evidence standard in such a proceeding involving these often conflicting rights is proper and constitutional. Judgment affirmed, without costs. Mahoney, P.J., Greenblott, Kane, Main and Mikoll, JJ., concur.