Saturday, December 1, 2012
How does New York define "Some credible Evidence"?
Q: Trying to appeal CPS case.
David’s answer: Assuming you are asking for a fair hearing to challenge an indicated report, then "some credible evidence" is roughly analogous to the "probable cause" standard used in the criminal law context. The Court nonetheless utilizes case law in the child neglect field to assess whether the allegations essentially "state a cause of action." The burden would then shift to you to present a defense showing there was nothing (or next to nothing) to the allegations in the first place. -- David Bliven