IN RE: HARPER W. (2024)

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed.

Memorandum: In this proceeding pursuant to Family Court Act article 10, respondent mother appeals from an order that imposed a suspended judgment with conditions, including, inter alia, that she submit to random drug screens immediately upon request. Initially, we note that the mother's appeal brings up for review the corrected order of fact-finding in which Family Court found that the mother neglected two of her children (see Matter of Bradley M.M. [Michael M.—Cindy M.], 98 A.D.3d 1257, 1258, 951 N.Y.S.2d 604 [4th Dept. 2012]).

Contrary to the mother's contention, petitioner met its burden of establishing by a preponderance of the evidence that the mother neglected the two children (see Family Ct Act § 1046 [b] [i]). “It is well established that a finding of neglect may be appropriate even when a child has not been actually impaired, in order to protect that child and prevent impairment ․, and that [a] single incident where the parent's judgment was strongly impaired and the child exposed to a risk of substantial harm can sustain a finding of neglect” (Matter of Serenity P. [Shameka P.], 74 A.D.3d 1855, 1855-1856, 902 N.Y.S.2d 741 [4th Dept. 2010] [internal quotation marks omitted]). Here, the court properly found that the two children, ages three and five, were in imminent risk of harm when the mother left them unattended in an unlocked, running vehicle for at least 30 minutes while she went shopping (see id. at 1856, 902 N.Y.S.2d 741; Matter of Samuel D.-C., 40 A.D.3d 853, 854, 837 N.Y.S.2d 170 [2d Dept. 2007]).

Contrary to the mother's further contention, the court properly ordered, as a condition of the suspended judgment, that the mother submit to random drug screens immediately upon request (see generally Family Ct Act § 1053 [a]; 22 NYCRR 205.83 [a] [3]; Matter of Anoushka G. [Cyntra M.], 132 A.D.3d 867, 868, 18 N.Y.S.3d 652 [2d Dept. 2015]).