Santosky v. Kramer

New York's child welfare agency, led by Commissioner Kramer (plaintiff), removed the Santoskys' three children over several years based on findings of neglect, and after years of only minimal parental participation in offered training services, petitioned to terminate John and Annie Santosky's (defendants) parental rights entirely. Over the parents' objection, the trial court applied New York's statutory "fair preponderance of the evidence" standard and terminated their rights, and the appellate courts affirmed.