IN RE: DANNY R. and Others (2009)

Order, Family Court, Bronx County (Lori S. Sattler, J.), entered on or about July 17, 2007, placing the subject children with the Commissioner of Social Services upon a fact-finding determination of neglect, unanimously affirmed, without costs.

 The finding of neglect is supported by a preponderance of the evidence showing that the children's physical and mental health was threatened by the psychologically fragile respondent's failure to provide a minimum degree of care, needed mental health care services, and an adequate education (Family Ct. Act § 1012[f][i][A];  see Matter of Inbunique V., 22 A.D.3d 412, 802 N.Y.S.2d 357 [2005];  Matter of Dyandria D., 303 A.D.2d 233, 757 N.Y.S.2d 12 [2003], lv. dismissed 1 N.Y.3d 623, 777 N.Y.S.2d 21, 808 N.E.2d 1280 [2004] ).   The extraordinary amount of school missed by the two older children-240 days by one and 159 days by the other from September 2004 to February 2007-without adequate excuse and markedly compromising their education, supports Family Court's implicit finding of derivative educational neglect of the youngest, preschool-age child (see Matter of Ember R., 285 A.D.2d 757, 727 N.Y.S.2d 767 [2001], lv. denied 97 N.Y.2d 604, 736 N.Y.S.2d 308, 761 N.E.2d 1035 [2001] ).