IN RE: Megan L. G.H. (Anonymous).  Administration for Children's Services (2011)

Submitted—October 18, 2011

DECISION & ORDER

In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of a fact-finding order of the Family Court, Queens County (Salinitro, J.), dated August 23, 2010, as, after a hearing, found that she neglected the subject child.

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

The Family Court's determination that the mother neglected the child was supported by a preponderance of the evidence.   A “[n]eglected 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 mother's conduct, which included being intoxicated and in possession of a knife and marijuana, placed the child in imminent danger of impairment of her physical condition (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 mother neglected the child.

RIVERA, J.P., ENG, BELEN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court