Opinion
2013-01-10
In re NHYASHANTI A., also known as Anton C., A Child Under the Age of Eighteen Years, etc., Evelyn B., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
Ballon Stoll Bader & Nadler, P.C., New York (Frederic P. Schneider of counsel), for appellant. *888Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondent.
Ballon Stoll Bader & Nadler, P.C., New York (Frederic P. Schneider of counsel), for appellant. *888Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Selene D'Alessio of counsel), attorney for the child.
Order of fact-finding, Family Court, Bronx County (Ilana Gruebel, J.), entered on or about September 20, 2011, which, following a fact-finding hearing, determined that respondent mother had derivatively neglected the subject child, unanimously affirmed, without costs.
Petitioner agency made a prima facie showing of derivative neglect as to the subject child based on the prior findings of neglect against respondent with respect to her older children, including a finding of neglect just 10 days before the subject child's birth ( see Matter of Cruz, 121 A.D.2d 901, 902–903, 503 N.Y.S.2d 798 [1st Dept. 1986] ).
The derivative finding of neglect was supported by a preponderance of the evidence ( see Family Ct. Act § 1046[b][i] ). The prior findings of neglect were sufficiently close in time to the derivative proceeding to support the conclusion that respondent's parental judgment remained impaired ( see Cruz, 121 A.D.2d at 902–903, 503 N.Y.S.2d 798). Further, respondent testified that she had not completed anger management services or a mental health evaluation, and that she had not been compliant with her mental health treatment for a year before the filing of the petition in the derivative proceeding.