Opinion
10-18-2016
In re SANIA S., and Others, Dependent Children Under Eighteen Years of Age, etc., Marcia McG–W., Respondent–Appellant, The 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 (Dona B. Morris of counsel), for respondent. Patricia L. Moreno, Bronx, attorney for the child Sania S. Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), attorney for the child Anthony S. Aleza Ross, Patchogue, attorney for the child Amya S. Larry S. Bachner, Jamaica, attorney for the child Patrice H. Kenneth M. Tuccillo, Hastings on Hudson, attorney for the child Natalie H.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Dona B. Morris of counsel), for respondent.
Patricia L. Moreno, Bronx, attorney for the child Sania S.
Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), attorney for the child Anthony S.
Aleza Ross, Patchogue, attorney for the child Amya S.
Larry S. Bachner, Jamaica, attorney for the child Patrice H.
Kenneth M. Tuccillo, Hastings on Hudson, attorney for the child Natalie H.
FRIEDMAN, J.P., ANDRIAS, SAXE, FEINMAN, KAHN, JJ.
Order, Family Court, Bronx County (Monica Drinane, J.), entered on or about December 16, 2014, which, among other things, after a fact-finding hearing, found that respondent mother had abused the subject children, unanimously affirmed, without costs.
Petitioner agency satisfied its burden of proving, by a preponderance of the evidence, that respondent, the children's adoptive mother and biological grandmother, had abused the children within the meaning of Family Court Act § 1012(e)(iii). In particular, the evidence showed that, despite her knowledge that the children were engaging in sexual conduct with each other, respondent failed to implement adequate measures to protect them from further harm and failed to ensure that they obtained appropriate therapeutic treatment (see Matter of Milagros C. [Rosa R.], 121 A.D.3d 481, 993 N.Y.S.2d 502 [1st Dept.2014] ; Matter of Jaquay O., 223 A.D.2d 422, 636 N.Y.S.2d 757 [1st Dept.1996], lv. denied 88 N.Y.2d 801, 644 N.Y.S.2d 493, 666 N.E.2d 1366 [1996] ; Matter of Tania J., 147 A.D.2d 252, 543 N.Y.S.2d 47 [1st Dept.1989] ). The children's out-of-court statements concerning the sexual conduct in the home and respondent's lack of concern when they complained about the oldest child's conduct, were detailed and consistent, and thus served to cross-corroborate each other (see Matter of Maria Daniella R. [Maria A.], 84 A.D.3d 1384, 1385, 924 N.Y.S.2d 294 [2d Dept.2011] ). The children's use of explicit and age-inappropriate vocabulary itself supported the finding that they were engaging in sexual conduct. Moreover, respondent admitted that a treating therapist had informed her that the oldest child had been molested and had reported sexual conduct among the children. Despite this knowledge, respondent failed to ensure that the three oldest children attended their therapy appointments, and continued to allow an adult male to be present in the home at night. She also acknowledged that she had continued to allow the children's biological mother to care for them after learning that the oldest child had reported that she had watched pornography with the biological mother.