IN RE: BARRY G. (2023)

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to Family Court Act article 10, respondent father appeals from an order of fact-finding and disposition that, inter alia, adjudged that he neglected the subject child. We affirm.

Contrary to the father's contention, we conclude that there is a sound and substantial basis in the record to support Family Court's determination that the father neglected the child (see generally Matter of Sean P. [Brandy P.], 156 AD3d 1339, 1339-1340 [4th Dept 2017], lv denied 31 NY3d 903 [2018]). A neglected child is defined, in relevant part, as a child less than 18 years of age “whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of [the child's] parent ․ to exercise a minimum degree of care ․ in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof ․ or by any other acts of a similarly serious nature requiring the aid of the court” (Family Ct Act § 1012 [f] [i] [B]). “The statute thus imposes two requirements for a finding of neglect, which must be established by a preponderance of the evidence ․ First, there must be proof of actual (or imminent danger of) physical, emotional or mental impairment to the child ․ Second, any impairment, actual or imminent, must be a consequence of the parent's failure to exercise a minimum degree of parental care ․ This is an objective test that asks whether a reasonable and prudent parent [would] have so acted, or failed to act, under the circumstances” (Matter of Afton C. [James C.], 17 NY3d 1, 9 [2011] [internal quotation marks omitted]; see Matter of Gina R. [Christina R.], 211 AD3d 1483, 1484 [4th Dept 2022]).

Here, petitioner met its burden by establishing by a preponderance of the evidence that the father left the child unsupervised at a shelter and made no attempt to contact the shelter or the authorities about the well-being of the child or his own whereabouts for three days, thereby placing the child in imminent risk of harm (see generally Matter of Leo A.G.-H.B. [Natalie G.], 181 AD3d 599, 600-601 [2d Dept 2020]; Matter of Ashley B. [Lavern B.], 137 AD3d 1696, 1697 [4th Dept 2016]).

Entered: November 17, 2023

Ann Dillon Flynn

Clerk of the Court