IN RE: C.J. (2025)

Order of fact-finding, Family Court, New York County (Keith E. Brown, J.), entered on or about April 1, 2024, which, after a hearing, found that respondent, a person legally responsible for the subject child, neglected the child, unanimously affirmed, without costs.

Family Court properly determined that respondent is a person legally responsible for the child because he acted as the “functional equivalent of a parent in a familial or household setting” (Matter of Yolanda D., 88 N.Y.2d 790, 796, 651 N.Y.S.2d 1, 673 N.E.2d 1228 [1996]).  The evidence shows that at all relevant times, he and the child's nonrespondent mother were involved in a romantic relationship.  Respondent testified that he was present at the hospital when the child was born.  In addition, they share the same last name and respondent referred to the child as his son when he initially spoke to the caseworker from the Administration for Children's Services.  Respondent also testified that when he spent time with the mother, the child was present 80% of the time.  On the night of the incident the child and his mother were staying overnight at respondent's apartment (see id. at 797, 651 N.Y.S.2d 1, 673 N.E.2d 1228;  Matter of Adam C. [Charles R.], 167 A.D.3d 487, 488, 87 N.Y.S.3d 889 [1st Dept. 2018]).

The finding of neglect is supported by a preponderance of the evidence, including medical records from after the incident, that respondent engaged in acts of domestic violence against the child's mother while the child was in the home (see Family Court Act §§ 1012[f][i][B], 1046[b][i];  see also Matter of Amelia A. [Saul A.], 223 A.D.3d 401, 401–402, 203 N.Y.S.3d 270 [1st Dept. 2024];  Matter of O'Ryan Elizah H. [Kairo E.], 171 A.D.3d 429, 429, 95 N.Y.S.3d 520 [1st Dept. 2019]).  Respondent further neglected the child by locking himself in his apartment with the child while repeatedly denying police officers’ requests to enter, necessitating the assistance of emergency services to access the apartment and return the nine-month-old child to his mother (see Matter of Jared S. [Monet S.], 78 A.D.3d 536, 536, 911 N.Y.S.2d 339 [1st Dept. 2010], lv denied 16 N.Y.3d 705, 2011 WL 589734 [2011]).

The court properly admitted the mother's statements to the responding police officer as an excited utterance (see Matter of Omar G., 212 A.D.3d 615, 616–617, 181 N.Y.S.3d 323 [2d Dept. 2023]).  There is no basis to otherwise disturb the court's credibility determinations (see Matter of Tyjaa E. [Kareem McC.], 157 A.D.3d 420, 421, 66 N.Y.S.3d 12 [1st Dept. 2018]).

We have considered respondent's remaining contentions and find them unavailing.