IN RE: JERMAINE K.R. (2019)

Order of disposition, Family Court, Bronx County (Alma M. Gomez, J.), entered on or about December 7, 2018, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about October 30, 2018, which found that respondent Jermaine R. neglected subject children Jermaine, Justin, Justina, and Jessica, unanimously affirmed, without costs.

Respondent Jermaine R. is the biological father of subject children Jermaine, Justin, Justina, and Jessica.  He is not the father of the subject child Delilah, and ACS did not establish that he was legally responsible for her care.  The Family Court found that the ACS CPS caseworker testified credibly that respondent father Jermaine R., respondent mother Taerae S., and the subject child Delilah all admitted to her that the father punched the mother in the face, causing her to have a black eye, in the presence of all five subject children.  During the same fight, the father pushed the mother, and the mother hit the father in the back of the head with a drinking glass.  The five-year-old child Delilah told ACS that she witnessed the violent physical fight between the parents, she was with her four younger siblings at the time, and one of her siblings began crying immediately as a result of the fight.

“Exposure to domestic violence is a proper basis for a neglect finding where the violence occurred in the child's presence and resulted in physical, mental or emotional impairment or imminent danger thereof” (Matter of Emily S. [Jorge S.], 146 A.D.3d 599, 600, 44 N.Y.S.3d 743 [1st Dept. 2017];  Matter of Christy C. [Jeffrey C.], 74 A.D.3d 561, 562, 903 N.Y.S.2d 365 [1st Dept. 2010] ).  “A single incident where the parent's judgment was strongly impaired and the child was exposed to a risk of substantial harm can sustain a finding of neglect” (Matter of Allyerra E. [Alando E.], 132 A.D.3d 472, 473, 17 N.Y.S.3d 634 [1st Dept. 2015], lv denied 26 N.Y.3d 913, 2015 WL 8816675 [2015];  see also Matter of Cristalyn G. [Elvis S.], 158 A.D.3d 563, 71 N.Y.S.3d 464 [1st Dept. 2018] ).  Here, the five extremely young children were in imminent danger of physical impairment due to their close proximity to the violence (Matter of Andru G. [Jasmine C.], 156 A.D.3d 456, 457, 64 N.Y.S.3d 886 [1st Dept. 2017];  see Matter of Isabella S. [Robert T.], 154 A.D.3d 606, 606–607, 62 N.Y.S.3d 362 [1st Dept. 2017] ).  Moreover, that the children were emotionally impaired or in imminent danger thereof as demonstrated by the fact that one child began crying as a result of the fight they witnessed (see Matter of Isaiah D. [Mark D.], 159 A.D.3d 534, 535, 72 N.Y.S.3d 84 [1st Dept. 2018];  Matter of Macin D. [Miguel D.], 148 A.D.3d 572, 573 [1st Dept. 2017] ).

We have considered the remaining arguments and find them unavailing.