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IN RE: RICO D. (Anonymous). Commissioner of Social Services, respondent; Debra C. (Anonymous), appellant. (Proceeding No. 1). In the Matter of Saka P.-L. (Anonymous). Commissioner of Social Services, respondent; Debra C. (Anonymous), appellant. (Proceeding No. 2). In the Matter of Dior F. (Anonymous). Commissioner of Social Services, respondent; Debra C. (Anonymous), appellant. (Proceeding No. 3). In the Matter of Jovan P.-L. (Anonymous). Commissioner of Social Services, respondent; Debra C. (Anonymous), appellant. (Proceeding No. 4).
In four related child protective proceedings pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of an order of disposition of the Family Court, Kings County (Turbow, J.), dated July 12, 2004, as after a hearing, determined that she neglected Saka P.-L., and derivatively neglected Rico D. and Dior F.
ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.
A child's out-of-court statements may form the basis for a finding of neglect as long as they are sufficiently corroborated by other evidence tending to support the reliability of the child's statements (see Family Ct. Act § 1046 [a][vi]; [b][i] ). Contrary to the mother's contention, the social worker's personal observations of the child Saka's injuries, and Saka's school and medical records, were sufficient to corroborate Saka's out-of-court statements (see Family Ct. Act § 1046[a][vi]; [b][i]; Matter of Frank F., 12 A.D.3d 601, 601-602, 784 N.Y.S.2d 386; Matter of Dareth O., 304 A.D.2d 667, 668, 758 N.Y.S.2d 372; see generally Matter of Nicole V., 71 N.Y.2d 112, 118-119, 524 N.Y.S.2d 19, 518 N.E.2d 914). The finding of the Family Court on the issue of credibility is entitled to great weight, and we find no reason to disturb its determination of the factual issues (see Matter of H. Children, 276 A.D.2d 485, 486, 714 N.Y.S.2d 96; Matter of Ely P., 167 A.D.2d 473, 474, 562 N.Y.S.2d 146). A preponderance of the evidence established that Saka was neglected by the mother (see Matter of Angelique M., 10 A.D.3d 659, 781 N.Y.S.2d 705; Matter of Beverly WW., 159 A.D.2d 802, 804, 552 N.Y.S.2d 690). Further, the finding of derivative neglect as to the children Rico D. and Dior F. is supported by evidence indicating the mother's lack of understanding of her parental responsibility (see Matter of Dareth O., supra; Matter of Brittney C., 242 A.D.2d 533, 661 N.Y.S.2d 670).
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Decided: June 06, 2005
Court: Supreme Court, Appellate Division, Second Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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