Opinion
03-12-2015
In re JASON G., and Others, Children Under the Age of Eighteen Years, etc., Pamela G., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Ellen Ravitch of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Patricia Colella of counsel), attorney for the child Jason G. Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), attorney for the child Jasmine G. Douglas H. Reiniger, New York, attorney for the child Jackie B.
Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant.Zachary W. Carter, Corporation Counsel, New York (Ellen Ravitch of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Patricia Colella of counsel), attorney for the child Jason G.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), attorney for the child Jasmine G.
Douglas H. Reiniger, New York, attorney for the child Jackie B.
Opinion Order of fact-finding, Family Court, New York County (Clark V. Richardson, J.), entered on or about July 15, 2013, which, after a hearing, determined that respondent mother had neglected her son by failing to provide for his shelter and care, and thereby derivatively neglected her daughters, unanimously affirmed, without costs.
The determination that the mother neglected her son was supported by a preponderance of the evidence, which showed that she intentionally deprived the child of shelter and care, and emotionally rejected him (see Matter of Shawntay S. [Stephanie R.], 114 A.D.3d 502, 502, 979 N.Y.S.2d 815 [1st Dept.2014] ; Matter of Stephanie M. [Miguel R.], 122 A.D.3d 508, 997 N.Y.S.2d 59 [1st Dept.2014] ). Contrary to the mother's argument, the evidence established that she refused to bring her then 16–year old son home from the hospital, had him arrested without basis upon his return and refused to go to Criminal Court to pick him up, which resulted in the issuance of an order of protection and a stay-away order, and effectively rendered him homeless. Her refusal to allow her son back into her home and her failure to otherwise plan for his care manifested an intention to abdicate her parental responsibilities, which placed the child at imminent risk of impairment (see Matter of Shawntay S. , 114 A.D.3d at 502, 979 N.Y.S.2d 815 ).
This conduct demonstrated such a flawed understanding of her parental responsibilities as to support the derivative findings of neglect with respect to her daughters (see Matter of Vincent M., 193 A.D.2d 398, 597 N.Y.S.2d 309 [1st Dept.1993] ).
GONZALEZ, P.J., TOM, RICHTER, MANZANET–DANIELS, KAPNICK, JJ., concur.