Opinion
5592 5592A
02-01-2018
IN RE SHANIRCA D., A Dependent Child Under the Age of Eighteen Years, etc., Jawnetta D., Respondent–Appellant, v. Administration for Children's Services, Petitioner–Respondent.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Daniel Matza–Brown of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the child.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Daniel Matza–Brown of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the child.
Sweeny, J.P., Manzanet–Daniels, Webber, Kahn, Moulton, JJ.
Order of disposition, Family Court, New York County (Jane Pearl, J.), entered on or about August 30, 2016, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about August 30, 2016, which found that respondent mother had neglected the subject child, unanimously affirmed, without costs. Appeal from the fact-finding order, unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.
Petitioner agency proved by a preponderance of the evidence that the mother had neglected the child (see Family Ct Act §§ 1012[f][i][B] ; 1046[b][i] ). The record shows that the mother's untreated mental illness, lack of insight into the effect of her illness on the child, and misuse of alcohol created a "substantial probability" that the child would not receive her mental health treatment and would be placed at "imminent risk of harm" ( Matter of Michael P. [Orthensia H. ], 137 A.D.3d 499, 500, 27 N.Y.S.3d 123 [1st Dept. 2016] [internal quotation marks omitted]; see Matter of Jalicia G. [Jacqueline G. ], 130 A.D.3d 402, 403, 13 N.Y.S.3d 49 [1st Dept. 2015] ).