IN RE: SR K’ M.W. (2026)

Order of disposition, Family Court, New York County (Valerie A. Pels, J.), entered on or about December 17, 2024, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about November 7, 2024, which, after a hearing, found that respondent K.W. neglected the subject child, unanimously affirmed, without costs.

A preponderance of the evidence supports Family Court's finding that the child's physical, mental or emotional condition was in imminent danger of becoming impaired as a result of respondent's longstanding history of mental illness and psychiatric hospitalizations, resistance to treatment, refusal to take prescribed medication, and recent episodes of bizarre and erratic behavior (see Family Court Act §§ 1046[b][i];  1012[f][i][B];  Matter of Derick L. [Catherine W.], 135 A.D.3d 499, 22 N.Y.S.3d 835 [1st Dept. 2016], lv denied 27 N.Y.3d 903, 2016 WL 1692078 [2016];  Matter of Caress S., 250 A.D.2d 490, 673 N.Y.S.2d 123 [1st Dept. 1998]). Evidence of actual injury was not required to enter a finding of neglect, as there is sufficient evidence that the child is at imminent risk of harm due to respondent's untreated mental illness (see Nicholson v. Scoppetta, 3 N.Y.3d 357, 369, 787 N.Y.S.2d 196, 820 N.E.2d 840 [2004];  Matter of Shanai W. [Sherry P.], 212 A.D.3d 447, 448, 179 N.Y.S.3d 577 [1st Dept. 2023]).

There are no grounds for disturbing Family Court's evaluation of the evidence, including the court's credibility determinations, as the findings were clearly supported by the record (see Matter of Nathaniel T., 67 N.Y.2d 838, 842, 501 N.Y.S.2d 647, 492 N.E.2d 775 [1986];  Matter of Sade B. [Scott M.], 103 A.D.3d 519, 520, 960 N.Y.S.2d 85 [1st Dept. 2013]).