IN RE: Kendrew T. (2026)

PROCEDURAL HISTORY

This neglect petition, which was filed by the Administration for Children's Services ("ACS" or "Petitioner") against the Respondent mother, Ms. Malaysia T, on June 5, 2026 alleges that Ms. Malaysia T. neglected her newborn son Kendrew by misusing drugs, specifically marijuana and cocaine, and not having been in a drug treatment program. Ms. Malaysia T. acknowledged smoking marijuana regularly while pregnant and believes it may have been laced with cocaine, leading to Kendrew's positive toxicology at birth. The ACS caseworker referred the mother for intake at a drug treatment program, as well as random screens, for Ms. Malaysia T. to engage in after she was released from the hospital but she failed to attend in the two months prior to the filing of the petition. Additionally, the petition alleges that Ms. Malaysia T. has a history of "multiple mental health diagnoses, including PTSD, ADHD, Borderline Personality Disorder, anxiety and depression" for which she has been hospitalized and had not received any treatment in at least 1 to 2 years. The ACS caseworker referred her for an evaluation at Kings County Hospital, where she gave birth, but the mother did not attend.

The subject child, Kendrew was born on XX/XX/2026, extremely premature at 26 weeks and he weighed only 1 pound 4 ounces at birth. At that time, Kendrew tested positive for cocaine and had a brain bleed, which the doctor's determined was unrelated to the presence of drugs in his system. As a result of his condition, Kendrew was placed in the NICU and it was initially unclear if he would survive, or if he would need months of hospitalization before he was ready for release. Contrary to expectations, Kendrew recovered much sooner, gained weight consistently and the brain bleed was resolved. During Kendrew's first month of life his mother, Malaysia, who is only 18, and his grandmother, Ms. Tanya T. visited him almost daily. Those visits were less frequent though still consistent, at least by the grandmother, during the infant's second month in the NICU.

Once Kendrew was ready for discharge, ACS filed this petition and requested a removal, opposing release to his mother, and also objected to placing the infant with his maternal grandmother which had been the family's plan. The basis for this objection was prior ACS involvement and an indicated case against the grandmother from 2023 and before for lack of supervision and guardianship over Malaysia due to her failure to attend school regularly and engage in mental health treatment, as well as an allegation that Tanya T, along with Malaysia, smelled of marijuana when they came to visit Kendrew in the hospital. The Respondent mother opposed the request not to release Kendrew to her care or that of her mother, and requested a hearing pursuant to FCA 1027. This Court ordered that Kendrew remain in the NICU, where his mother and grandmother could continue to visit him daily, pending the outcome of this hearing.

ACS called Caseworker Dorman as a witness and introduced various exhibits. The Respondent mother called her mother, Tanya T, as a witness and introduced exhibits, including scholarly articles. The Attorney for the Child ("AFC") did not introduce any evidence and, on summation, opposed a release to the mother but argued in support of a temporary direct placement with the maternal grandmother where the mother would be allowed to remain living in the home with a "no leave alone" order.

DECISION

The Court of Appeals in Nicholson has mandated that, in FCA 1027 hearings, Family Courts "weigh, in the factual setting before it, whether the imminent risk to the child can be mitigated by reasonable efforts to avoid removal. It must balance that risk against the harm removal might bring, and it must determine factually which course is in the child's best interests. Additionally, the court must specifically consider whether imminent risk to the child might be eliminated by other means, such as issuing a temporary order of protection or providing services to the victim." Nicholson v Scoppetta, 3 NY3d 357, 378-79 [2004].

This Court agrees with both ACS and the AFC that the infant would be at imminent risk of harm if released to his mother's care. Kendrew is still extremely vulnerable at only 4 pounds and this young first time mother would need support for his care under the best of circumstances. However, it is clear from the evidence that Malaysia has a long history of mental health issues going back to her early childhood, and more recently, a history of substance abuse in the form of very frequent marijuana use and on at least one instance, cocaine. However, Malaysia has stated that she is now willing to engage in treatment, and it is often the case that the reality of motherhood is a significant motivator in obtaining sobriety. When considering a child's safety and wellbeing, the Court must look not only to the present, but to the future as well. If there is an option that keeps Kendrew safe but also allows his mother to have daily contact with him and provides her with hope and incentive to believe she can regain responsibility for his care, this would clearly be in Kendrew's best interest.

The importance of the infant-mother bond on a child of this age cannot be understated. Studies have shown that interruption in this bonding process can have a life-long impact on a child's well-being that cannot be remedied.¹ In writing about the "Developmental Issues for Young Children in Foster Care," the American Academy of Pediatrics stated, "Paramount in the lives of these children is their need for continuity with their primary attachment figures and a sense of permanence that is enhanced when placement is stable. There are critical periods of interaction among physical, psychological, social, and environmental factors. Basic stimulation techniques and stable, predictable nurturance are necessary during these periods to enable optimal cognitive, language, and personal socialization skills." Respondent's Exhibit C in evidence, Pediatrics Vol. 106 No. 5 November 2000, p. 1145-6.

Ms. Tanya T. had planned to be her grandson's primary caretaker from before his birth. She has maintained a stable 3-bedroom home which is lived in by her daughter as well as her older adult son who is caring for his teenage daughter. ACS found no safety concerns with the manner in which the home was kept. Since the landlord decided to sell the building, Ms. Tanya T. has already secured a new 3-bedroom apartment in the same neighborhood and she is moving into it this week. This should allow a seamless transition to the new home and there is no reason to believe that this new apartment will not be similarly safe for Kendrew. Ms. Tanya T. has already bought baby supplies and everything that is needed for Kendrew to come to her home including a car seat.

The prior ACS cases involving Ms. Tanya T. as a parent never reached the stage of a filing or any finding of neglect and they occurred when Malaysia was a teenager. This Court is well aware of the challenges faced by any parent of a teen who has a mental health diagnosis but does not wish to engage in mental health treatment or take prescribed medication. Regular school attendance, which is very difficult to obtain with any teen who is resistant, is made even more so when that teen has an untreated mental health condition. ACS has these same challenges with the many teens who are in the agency's care. Unfortunately, this situation remained true up to Kendrew's birth, as Malaysia continued to not engage in treatment after her 18th birthday last year. Neither Malaysia's mother nor the efforts of ACS changed that, and even this Court does not have the power to force Malaysia to obtain the help she clearly needs for both her mental health and substance abuse. The Court can only hope that the birth of her son has in fact motivated that change. Therefore, this prior ACS involvement does not, in the Court's opinion, render Tanya T. an unsafe or inappropriate caretaker for her infant grandson.

As for the allegations of potential marijuana use by Tanya T. herself, the Court finds these to be vague and unsubstantiated. ACS did not call any witness from the hospital who had allegedly "smelled" marijuana coming from the grandmother. Therefore, it is asking the Court to exclude this infant's maternal grandmother as a resource simply on the basis of a claim that is documented in the ACS record from an unnamed source. Specifically, the ACS case record in evidence contains three hearsay references to this allegation. The first, dated April 23rd, states that the Kings County hospital ("KCH") social worker informed the Caseworker Dorman that "she has received reports from nurses that the mother and MGM has [sic] been to visit smelling of marijuana and on one occasion the mother appeared high and could not even hold herself up." The second entry from June 1st states that a Dr. Lahage stated that "the mother and MGM come in [sic] smelling of marijuana and the mother had to be put out of the NICU one time." The last mention of this allegation is that, on May 7th, "CPS obtained collateral from KCH nurse who stated that there was report of the mother visiting the baby and noted to be smelling of marijuana and high on something where she could barely stay up. The nurse also noted that MGM also reeked of marijuana smell." Petitioner's Exhibit 3 in evidence, pp. 50, 60, & 62. Several aspects of these entries are notable and diminish the weight this Court will give them. First, they are all very similar in language and could well have all come from one nurse on one date, especially in regard to the alleged marijuana scent from the maternal grandmother. It is impossible to tell because the caseworker did not obtain the dates of these observations or the name(s) of the person(s) who made them; nor did Ms. Dorman speak to that person directly. Additionally, there is nothing in the record as to whether Ms. Tanya T. was asked about the alleged smell or her marijuana use and what if any response she gave. Further, unlike Ms. Malaysia T. who is observed to be high and unable to hold herself up, there is no such allegation as to Ms. Tanya T.

During her testimony, Caseworker Dorman acknowledged that Ms. Tanya T. had denied any marijuana use when asked and that she had never observed the grandmother to appear under the influence of any substance or smelled marijuana on her. The caseworker testified that she did not smell any marijuana in the apartment when she made a home visit on April 7th and confirmed the presence of all the provisions for Kendrew. She acknowledged that the smell of marijuana is present in the hallways of apartment buildings, including the grandmother's, and outside on the streets of NYC. In fact, this Court has experienced that, since marijuana has been legalized in New York State, people have even come to court on occasion smelling of marijuana. At those times, when the smell of marijuana fills the courtroom, this Court cannot tell which of the several people in the courtroom is responsible. While marijuana is legal and Ms. Tanya T. should not be faulted for its use any more than a person who drinks alcohol, it would indicate poor judgment and be of concern to the Court if a resource used either substance on the day one is visiting a premature and vulnerable baby in the NICU (or coming to court) to the extent where they have a scent of alcohol or marijuana. However, without the opportunity to hear directly from the person who allegedly sensed that smell on Ms. Tanya T. specifically and have her testimony be examined by other counsel, this Court cannot credit this as a basis to believe that Ms. Tanya T. used marijuana. It is also quite possible that the frequency of Malaysia's marijuana use has led to her having the scent of marijuana and that this smell transferred to the grandmother through close and extended physical contact.

The Court has had the opportunity to hear from Ms. Tanya T. directly as she testified credibly in this hearing. Ms. Tanya T. stated that she does NOT smoke marijuana and definitely did not smoke it on a day she was going to visit her grandson in the hospital. However, she was willing to go for drug testing and did take a test during the course of the hearing which was negative for marijuana and any illegal substances. She also expressed her concerns about her daughter's mental health and substance use over the years and her inability to get her daughter to engage in help. While she acknowledged some issues in the past with Malaysia's behavior such that the grandmother had called the police, the most recent being in March of 2025, Ms. Tanya T. expressed that her recent behavior, especially since Kendrew's birth had not been an issue in the home, and that she did not believe there would be any safety concern to allowing her daughter to remain living with them. She explained that she would have Kendrew sleep in the same bedroom as her own and would follow any order, including not to allow her daughter to be alone with Kendrew. Ms. Tanya T. also stated definitively that she would call the police again if needed to keep her grandson with her.

Although ACS has raised concerns about the grandmother's ability or willingness to enforce court orders that might require her to tell her daughter to leave the home or call the police, their counsel was not able to respond to the point made by the mother's attorney that clearly Ms. Tanya T. had shown her willingness to involve the authorities when needed by the prior Domestic Incident Reports ("DIR") placed in evidence where Ms. Tanya T. called the police. See Petitioner's Exhibit 5-8 in evidence, DIRs dated 2/12/20, 11/9/22, 11/23/22, 3/22/25. Ms. Tanya T. made these calls even without the incentive that would be at stake here, namely the grandmother losing the Court's trust in her ability to safely care for her grandson and risking having him removed from the home. Additionally, Ms. Tanya T's adult son, Mr. P, would also be living in the home and stated he would assist his mother and similarly was not concerned about his sister's current behavior being disruptive. See Petitioner's Exhibit 4 in evidence, ACS Court Report dated 6/9/26. His daughter is currently a subject of ACS intervention as there is a pending neglect case against her mother and the child has been released to her father, Mr. Parker. Thus, there is added adult supervision in the home as well as added ACS oversight.

As required by the Court of Appeals in Nicholson, this Court has balanced the risk of harm from removal against the risk of harm for Kendrew being in the care of his grandmother with his mother in the home, and this Court has found that the harm of removal of this newborn from family during this critical bonding period is greater than the theoretical risk that exists in that home given the evidence here and the fact that orders can be made to mitigate the risk by requiring that Ms. Malaysia T. not be left alone with her son and that she engage in mental health and substance abuse treatment as a condition of her living in the same home.

Therefore, at this time, the Court finds that Kendrew would be at imminent risk of physical, mental and/or emotional harm if he were released to his mother but that it is in his best interests to be temporarily directly placed with the maternal grandmother, Ms. Tanya T, under the following conditions:

1. Comply with ACS supervision including allowing announced & unannounced home visits;

2. Insure the infant sleep in the same room and Tanya T. and not allow Malaysia T. to be alone with him; or

3. All contact between Malaysia T. and her son must be closely supervised and if Malaysia T. uses or appears under the influence of substances in the home, or if she is interfering with the grandmother's care of the baby, Malaysia must be told to leave and the police must be called if she does not leave voluntarily;

4. Not leave Kendrew unattended and only with caretakers approved by ACS;

5. Insure Kendrew attends any necessary medical appointments and comply with any recommendations for him;

6. Submit to random screens twice per month and test negative for all substances including marijuana;

7. Not be under the influence of any non-prescribed drugs in the presence of the subject child.

The Respondent mother must engage in outpatient mental health and substance abuse treatment in order to remain in the home with the subject child as soon as a program is available. Kendrew is ordered to remain in the hospital until the grandmother Ms. Tanya T. insures the new apartment is safe for this premature infant which will be no later than THIS Friday June 19th.

Dated: June 15, 2026

ENTER:

Hon. Jacqueline B. Deane

FOOTNOTES

1.   Newborns "suffer significant negative effects when taken from their parents, and especially when taken from their mothers. Studies show that newborns prefer the sound of their mothers' voice over those of other females, which doctors see as evidence that the period after birth is critical for bonding. It is also now widely accepted that skin-to-skin contact between parents and their babies in the first hours of life has significant health benefits for the infant. Physical contact and proximity to their parents is therefore crucial for infants." Respondent's Exhibit D in evidence, Shanta Trivedi, The Harm of Child Removal, NYU Review of Law and Social Change, Vol. 43:523, p. 529 [2019]. Separations as brief as a week have been shown to negatively impact the mother-child relationship. Kimberly Howard, et. al., Early Mother-Child Separation, Parenting, and Child Well-Being in Early Head Start Families, Attach Hum Dev. 2011 January; 13(1), 1. "Short-term disruptions can result in negative socio-emotional outcomes such as aggression and negativity." Id. at, 10. In short, disruptions in the mother-child relationship can have many negative consequences for a child, some of which can last to adulthood and the "physical accessibility" of the mother has significant implications for positive child development. Id. at 13. See also Mokhtar Malekpour, Effects of Attachment on Early and Later Development, The British Journal of Development Disabilities, Vol. 53, Part 2, July 2007, No. 105, pp. 81-95; William Wan, What Separation from Parents does to Children: "The effect is catastrophic," Washington Post (July 18, 2018).

Jacqueline B. Deane, J.