IN RE: COHEN D. (2018)

 Order of disposition, Family Court, New York County (Jane Pearl, J.), entered on or about August 22, 2016, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about August 9, 2016, which found neglect and derivative neglect, unanimously affirmed, without costs.  Appeal from fact-finding order unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.

A preponderance of the evidence in the record supports Family Court's determinations that both parents medically neglected Cohen, who was born prematurely and with serious medical issues, that the mother neglected both Cohen and Carmaj on account of her untreated mental health condition, and that the father derivatively neglected Carmaj (see Family Court Act §§ 1012[f][1][A];  1046[b][i] ).

The medical and hospital records and the testimony of Cohen's pediatrician at Bellevue Hospital show that the parents failed to ensure that Cohen received adequate nutrition, which led to a diagnosis of failure to thrive.  The pediatrician ruled out other possible causes for the child's failure to thrive, and, after he was re-admitted to the hospital, Cohen fed well, gained weight steadily, and exhibited none of the intestinal issues that the parents had cited as barriers to feeding him (see Matter of Justin A. [Jesus A.], 94 A.D.3d 575, 942 N.Y.S.2d 347 [1st Dept. 2012], lv denied 19 N.Y.3d 807, 2012 WL 2401106 [2012].  The record also shows that the father left the home at some point, leaving the children's care to the mother, who was uncooperative with Cohen's doctors, missed appointments, and disregarded medical advice.  The mother's conduct placed the medically vulnerable Cohen in imminent danger of impairment;  among other things, she caused an extended delay in obtaining early intervention services for him (see Matter of Jaelin L. [Kimrenee C.], 126 A.D.3d 795, 5 N.Y.S.3d 246 [2d Dept. 2015], lv denied 25 N.Y.3d 910, 2015 WL 3618856 [2015];  Matter of Josephine BB. [Rosetta BB.], 114 A.D.3d 1096, 1098–99, 981 N.Y.S.2d 212 [3d Dept. 2014] ).  Petitioner agency repeatedly referred the mother for mental health evaluations, but she failed to address her evident mental health issues, which significantly impaired her judgment concerning the medical and other needs of both children (see Matter of Danielle M., 151 A.D.2d 240, 243, 542 N.Y.S.2d 525 [1st Dept. 1989];  Matter of Zariyasta S., 158 A.D.2d 45, 48, 557 N.Y.S.2d 895 [1st Dept. 1990] ).

The parents' medical neglect of Cohen demonstrates so flawed an understanding of the responsibilities and duties of parenthood as to support the finding of derivative neglect of Carmaj (see Family Court Act § 1046[a][i];  Matter of Justin A., 94 A.D.3d at 575, 942 N.Y.S.2d 347).

We have considered the parents' remaining arguments and find them unavailing.