Opinion
2014-08847, Index No. 2183/14.
04-08-2015
In the Matter of Danielle GAUTHIER, petitioner, v. Linda JOYCE, etc., et al., respondents.
Howard J. Pobiner, White Plains, N.Y., for petitioner. Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and Mark H. Shawhan of counsel), for respondents.
Howard J. Pobiner, White Plains, N.Y., for petitioner.
Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and Mark H. Shawhan of counsel), for respondents.
PETER B. SKELOS, J.P., LEONARD B. AUSTIN, ROBERT J. MILLER, and SYLVIA O. HINDS–RADIX, JJ.
Opinion Proceeding pursuant to CPLR article 78 to review a determination of the New York State Office of Children and Family Services dated February 7, 2014, which, after a hearing, denied the petitioner's application to amend and seal an indicated report maintained by the New York State Register of Child Abuse and Maltreatment.
ADJUDGED that the petition is granted, on the law, without costs or disbursements, the determination is aned, and the matter is remitted to the New York State Office of Children and Family Services to amend the indicated report to an unfounded report and to seal the amended report.
“A maltreated child is defined as a child whose physical, mental, or emotional condition has been impaired as a result of the failure of his or her parent to exercise a minimum degree of care in providing the child with proper supervision or guardianship, by unreasonably inflicting harm, including the infliction of excessive corporal punishment” (Matter of Brian M. v. New York State Off. of Children & Family Servs., 98 A.D.3d 743, 743, 951 N.Y.S.2d 158 ; see Social Services Law § 412[2][a] ; Family Ct. Act § 1012[f][i] [B] ). “At an administrative hearing to determine whether a report of child abuse or maltreatment is substantiated, the allegations in the report must be established by a fair preponderance of the evidence” (Matter of Marie A.P. v. Nassau County Dept. of Social Servs., 100 A.D.3d 1003, 1003–1004, 955 N.Y.S.2d 159 ; see Matter of Brian M. v. New York State Off. of Children & Family Servs., 98 A.D.3d at 743, 951 N.Y.S.2d 158 ). Our review of a determination by the Director of the New York State Central Register, Division of Child Welfare and Community Services, and the Commissioner of the New York State Office of Children and Family Services that the petitioner maltreated the subject children is limited to whether the determination was supported by substantial evidence (see Matter of Timothy G. v. New York State Off. of Children & Family Servs., 121 A.D.3d 788, 789, 992 N.Y.S.2d 900 ; Matter of Johnson v. New York State Off. of Children & Family Servs., 118 A.D.3d 884, 988 N.Y.S.2d 232 ). “Substantial evidence ‘means such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact’ ” (Matter of Marie A.P. v. Nassau County Dept. of Social Servs., 100 A.D.3d at 1004, 955 N.Y.S.2d 159, quoting Matter of Richard R. v. Carrion, 67 A.D.3d 915, 916, 888 N.Y.S.2d 421 ; see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180, 408 N.Y.S.2d 54, 379 N.E.2d 1183 ).
Here, the determination that the petitioner maltreated the subject children was not supported by substantial evidence (see Matter of Timothy G. v. New York State Off. of Children & Family Servs., 121 A.D.3d at 789, 992 N.Y.S.2d 900 ; Matter of Marie A.P. v. Nassau County Dept. of Social Servs., 100 A.D.3d at 1004, 955 N.Y.S.2d 159 ). The petitioner's conduct with respect to the subject children did not, under the circumstances here, constitute maltreatment (see Matter of
Timothy G. v. New York State Off. of Children & Family Servs., 121 A.D.3d at 789, 992 N.Y.S.2d 900 ).
Accordingly, the petition must be granted, the determination of the New York State Office of Children and Family Services aned, and the matter remitted to the New York State Office of Children and Family Services to amend the indicated report to an unfounded report and to seal the amended report.