IN RE: Janiyah T. (Anonymous).  Administration for Children's Services (2011)

Submitted-January 24, 2011

DECISION & ORDER

In two related child abuse and neglect proceedings pursuant to Family Court Act article 10, Lateek C. appeals, as limited by his brief, from so much of a fact-finding order of the Family Court, Kings County (Olshansky, J.), dated January 7, 2010, as, after a hearing, found that he neglected Janiyah T. and derivatively neglected Kamiyah C.

ORDERED that the fact-finding order is affirmed insofar as appealed from, without costs or disbursements.

The Family Court's determination that Lateek C. (hereinafter the appellant) neglected the child Janiyah T. was supported by a preponderance of the evidence.   A “neglected child” is defined by the Family Court Act as one “whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of [the] parent ․ to exercise a minimum degree of care ․ in providing the child with proper supervision or guardianship” (Family Ct Act § 1012[f][i][B] ).  The petitioner established, by a preponderance of the evidence (see Family Ct Act § 1046[b][i] ), that the appellant's conduct impaired the mental or emotional well-being of Janiyah T., or placed that child in imminent danger of such impairment (see Family Ct Act § 1012[f];  Nicholson v. Scoppetta, 3 NY3d 357;  Matter of Kevin M.H. [Kenneth H.], 76 AD3d 1015).   Accordingly, the Family Court properly found that the appellant neglected Janiyah T.

Further, the appellant's neglect of Janiyah T. evinced a flawed understanding of his duties as a parent and demonstrated an impaired level of parental judgment sufficient to support the Family Court's finding of derivative neglect of the child Kamiyah C. (see Matter of Lauryn H. [William A.], 73 AD3d 1175;  Matter of Grant W. [Raphael A.], 67 AD3d 922).

In light of our determination, the appellant's remaining contentions need not be addressed.

SKELOS, J.P., DICKERSON, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court