IN RE: JUELZ U. (2018)

Order of disposition, Family Court, New York County (Jane Pearl, J.), entered on or about March 27, 2017, which, upon a fact-finding determination that respondent mother derivatively neglected the subject child, placed the child in the custody of the Commissioner of Social Services until completion of the next permanency hearing, unanimously affirmed, insofar as it brings up for review the fact-finding determination, and the appeal otherwise dismissed, without costs, as moot.

The child's placement has been rendered moot as the date that was scheduled for the next permanency hearing has passed (see Matter of Jonathan S. [Ismelda S.], 79 A.D.3d 539, 912 N.Y.S.2d 215 [1st Dept. 2010];  Matter of Qiana C., 46 A.D.3d 479, 849 N.Y.S.2d 152 [1st Dept. 2007] ).

The court properly determined that petitioner proved by a preponderance of the evidence that the child was derivatively neglected by the mother (see Family Ct Act § 1046[b][I] ).  The conduct underlying the prior findings was sufficiently proximate in time to this neglect proceeding to support the conclusion that the conditions that caused the child's older siblings to enter foster care still existed.  The record shows that less than three months after the birth of the subject child, the court entered findings that the mother medically neglected the child's older brother and derivatively neglected the child's older sister and that the mother's untreated mental health symptomology interfered with her ability to properly care for those children (see Matter of Camarrie B. [Maria R.], 107 A.D.3d 409, 966 N.Y.S.2d 415 [1st Dept. 2013] ).

Furthermore, the record shows that during the underlying proceedings, the mother continued to display bizarre behavior by absconding with the child, causing the court to issue a warrant for her arrest.  She also continued to refuse to submit to a mental health evaluation despite the August 22, 2016 dispositional order directing her to do so, and acknowledged during her fact-finding testimony that she tried to hide the child from the agency (see Matter of Hunter YY., 18 A.D.3d 899, 900, 795 N.Y.S.2d 116 [3d Dept. 2005] ).