Opinion
03-23-2016
In the Matter of JOSHUA V. (Anonymous). Administration for Children's Services, respondent; Rahsaan J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Rahsaan J. (Anonymous), Jr. Administration for Children's Services, respondent; Rahsaan J. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Cynthia V. (Anonymous). Administration for Children's Services, respondent; Rahsaan J. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Felix V. (Anonymous). Administration for Children's Services, respondent; Rahsaan J. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Karissa A. (Anonymous). Administration for Children's Services, respondent; Rahsaan J. (Anonymous), appellant. (Proceeding No. 5).
Helene Bernstein, Brooklyn, N.Y., for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Tahirih M. Sadrieh of counsel), for respondent. Seymour W. James, Jr., New York, N.Y. (Tamara Steckler and Jess Rao of counsel), attorney for the children Joshua V. and Cynthia V. Larry S. Bachner, Jamaica, N.Y., attorney for the children Rahsaan J., Jr., and Felix V. Frank Bruno, Jr., Glendale, N.Y., attorney for the child Karissa A.
Helene Bernstein, Brooklyn, N.Y., for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Tahirih M. Sadrieh of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Tamara Steckler and Jess Rao of counsel), attorney for the children Joshua V. and Cynthia V.
Larry S. Bachner, Jamaica, N.Y., attorney for the children Rahsaan J., Jr., and Felix V.
Frank Bruno, Jr., Glendale, N.Y., attorney for the child Karissa A.
Opinion
Appeal from an order of disposition of the Family Court, Queens County (Marybeth S. Richroath, J.), dated January 10, 2014. The order of disposition, inter alia, directed Rahsaan J. to complete a batterer's intervention program and a parenting skills program, and to engage in family counseling. The appeal from the order of disposition brings up for review an order of fact-finding of that court dated November 7, 2013, which, after a hearing, found that Rahsaan J. neglected the subject children.
ORDERED that the order of disposition is affirmed, without costs or disbursements.
The appellant, Rahsaan J. (hereinafter the father), is the father of the child Rahsaan J., Jr., and the stepfather of the children Felix V., Joshua V., Cynthia V., and Karissa A. The Administration for Children's Services (hereinafter ACS) filed petitions against the father on December 12, 2012, alleging that he neglected the children by engaging in acts of domestic violence against their mother, Concessa J., on December 4, 2012, while the children were at home with her. In an order of fact-finding dated November 7, 2013, made after a hearing, the Family Court found that the father neglected the children, and on January 10, 2014, the court issued an order of disposition. The father appeals from the order of disposition.
In a child protective proceeding, the petitioner has the burden of proving neglect by a preponderance of the evidence (see Family Ct. Act §§ 1012[f][i] [B]; 1046[b][i]; Matter of Crystal A. [Chigozirim C.A.], 132 A.D.3d 756, 18 N.Y.S.3d 393). Here, contrary to the father's contentions, a preponderance of the evidence established that he neglected the children by engaging in acts of domestic violence against the mother in their presence that impaired, or created an imminent danger of impairing, their physical, mental, or emotional condition (see Nicholson v. Scoppetta, 3 N.Y.3d 357, 368, 787 N.Y.S.2d 196, 820 N.E.2d 840; Matter of Michael WW., 20 A.D.3d 609, 610, 798 N.Y.S.2d 222; Matter of Carlos M., 293 A.D.2d 617, 619, 741 N.Y.S.2d 82; cf. Matter of Kianna M.-M. [Robert M.], 123 A.D.3d 720, 997 N.Y.S.2d 723; Matter of Chaim R. [Keturah Ponce R.], 94 A.D.3d 1127, 1128, 943 N.Y.S.2d 195).
The father's remaining contentions are without merit.