February 1, 2024 | Report
Nicholson’s Four Factors for Judicial Consideration in Cases Involving Domestic Violence and Children
Authors
ABA Center on Children & the Law, Futures Without Violence, National Center to Advance Peace for Children, Youth & Families
Date
February 2024
The federal and state court holdings in Nicholson combined to establish a legal framework for judges throughout the Second Circuit to apply when evaluating child welfare cases that originated from domestic violence. Nicholson requires child welfare agencies to produce four categories of evidence when seeking judicial authorization to separate a child from the care and custody of a domestic violence survivor: 1.) Imminent Harm, 2.) Parental Care, 3.) Individualized Agency Support, and 4.) Harm of Removal.
