Geraldine J., Respondent-Appellant.  (Appeal No. 2.) v. << (1999)

 Contrary to respondent's contention, petitioner established by a preponderance of the evidence that respondent neglected her children, Jennifer and Joseph, by failing to exercise a minimum degree of care in providing them with proper supervision (see, Family Ct. Act § 1012[f][i] [B] ).  Once respondent learned that her boyfriend was sexually abusing her daughter Jennifer, she refused to believe her daughter and to order her boyfriend to move out of the residence (see, Matter of Elizabeth G., 255 A.D.2d 1010, 680 N.Y.S.2d 32;  Matter of Commissioner of Social Servs. of City of N.Y. v. Edyth W., 210 A.D.2d 328, 329, 620 N.Y.S.2d 402).   By allowing her boyfriend to remain in the residence, respondent “demonstrated a fundamental defect in [her] understanding of the duties and obligations of parenthood and created an atmosphere detrimental to the physical, mental and emotional well-being of the son as well” (Matter of Lynelle W., 177 A.D.2d 1008, 1009, 578 N.Y.S.2d 313;  see, Matter of Rasheda S., 183 A.D.2d 770, 586 N.Y.S.2d 522).   The court did not err in excluding hearsay statements of Jennifer because those statements did not relate to the allegations of abuse or neglect (see, Family Ct. Act § 1046[a][vi] ).   Finally, the court did not abuse its discretion in denying respondent's motion to compel Jennifer to testify.   Jennifer's therapist testified that the child became suicidal after discussing the abuse and that respondent's disbelief of the allegations contributed to Jennifer's depression.   The court did not abuse its discretion in determining that respondent's interest in confronting Jennifer was outweighed by the need to protect Jennifer's emotional well-being (see, Family Ct. Act § 1011;  Matter of Commissioner of Social Servs. of City of N.Y. v. Joseph B., 207 A.D.2d 885, 886, 616 N.Y.S.2d 646;  Matter of A.V., 173 Misc.2d 104, 106-107, 660 N.Y.S.2d 789).

Order unanimously affirmed without costs.

MEMORANDUM: