Opinion
6336
04-19-2018
IN RE CERENITY F., A Child Under the Age of Eighteen Years, etc., Jennifer W., Respondent–Appellant, v. Administration for Children's Services, Petitioner–Respondent.
Tennille M. Tatum–Evans, New York, for appellant. Zachary W. Carter, Corporation Counsel, New York (Ingrid R. Gustafson of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Marianne Allegro of counsel), attorney for the child.
Tennille M. Tatum–Evans, New York, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Ingrid R. Gustafson of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Marianne Allegro of counsel), attorney for the child.
Acosta, P.J., Manzanet–Daniels, Tom, Oing, Singh, JJ.
Order of fact-finding and disposition, Family Court, Bronx County (Robert D. Hettleman, J.), entered on or about November 9, 2016, to the extent it found that respondent neglected the subject child, unanimously affirmed, without costs.
Respondent, who represented that he was married to the child's mother and living in the home, was a person legally responsible for the child. A preponderance of the evidence supports the court's finding that the child's physical, mental, or emotional condition was in imminent danger of becoming impaired as a result of respondent and the mother's frequently exposing the child to adult sexual activity and pornography (see Matter of Janiyah T. [Nyree T.], 110 A.D.3d 416, 973 N.Y.S.2d 18 [1st Dept. 2013] ; Matter of Khadryah H., 295 A.D.2d 607, 744 N.Y.S.2d 206 [2d Dept. 2002] ). The then seven-year-old child's out-of-court statements about her personal observations of adult sexual activity were corroborated by the fact that she had "age-inappropriate knowledge of sexual behavior," which "demonstrated specific knowledge of sexual activity" ( Matter of Nicole V., 71 N.Y.2d 112, 121, 122, 524 N.Y.S.2d 19, 518 N.E.2d 914 [1987] ; see Matter of Selena R. [Joseph L.], 81 A.D.3d 449, 916 N.Y.S.2d 79 [1st Dept. 2011], lv denied 16 N.Y.3d 714, 924 N.Y.S.2d 323, 948 N.E.2d 930 [2011] ).
The finding of neglect is also supported by the evidence of unsanitary conditions in the home (see Matter of Josee Louise L.H. [DeCarla L.], 121 A.D.3d 492, 994 N.Y.S.2d 113 [1st Dept. 2014], lv denied 24 N.Y.3d 913, 2 N.Y.S.3d 71, 25 N.E.3d 986 [2015] ; see also Matter of Danaryee B. [Erica T.], 145 A.D.3d 1568, 43 N.Y.S.3d 835 [4th Dept. 2016] ). The child's out-of-court statements describing the home as very dirty, and covered in cat urine and feces were corroborated by respondent's admissions and the caseworker's observations that respondent smelled of cat urine and that the child was unkempt and wore dirty, stained clothes (see Matter of Naqi T. [Marlena S.], 129 A.D.3d 444, 10 N.Y.S.3d 240 [1st Dept. 2015] ; Matter of Joshua UU. [Jessica XX.–Eugene LL.], 81 A.D.3d 1096, 1099, 916 N.Y.S.2d 352 [3rd Dept. 2011] ).