IN RE: Isaac J. (Anonymous).  Administration for Children's Service

Reset A A Font size: Print

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Isaac J. (Anonymous).  Administration for Children's Service, respondent;  Joyce J. (Anonymous), appellant.

2009-07751 (Docket No. N-5625-07)

Decided: July 06, 2010

A. GAIL PRUDENTI, P.J. REINALDO E. RIVERA FRED T. SANTUCCI HOWARD MILLER, JJ. Matthew M. Lupoli, Flushing, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Cheryl Payer of counsel), for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler and Louise Feld of counsel), attorney for the child.

Argued-June 17, 2010

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 an order of fact-finding and disposition of the Family Court, Kings County (Lim, J.), dated July 29, 2009, as, after a hearing, found that she had neglected the subject child and granted the motion of the Administration for Children's Services to direct that the subject child be immunized in accordance with Public Health Law § 2164.

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

At a fact-finding hearing in an abuse and/or neglect proceeding pursuant to Family Court Act article 10, a petitioner has the burden of proving by a preponderance of the evidence that the subject child has been abused and/or neglected (see Family Ct Act § 1046[b][i];  Matter of Tammie Z., 66 N.Y.2d 1, 3;  Matter of Daniel R. [Lucille R.], 70 AD3d 839, 841).   Contrary to the mother's contention, the Family Court's determination that she neglected the subject child was supported by a preponderance of the evidence.   The evidence adduced at the hearing established that the mother maintained the child's home in a deplorable and unsanitary condition (see Matter of Lauren R., 18 AD3d 761;  Matter of Todd D., 9 AD3d 462, 463;  Matter of Jessica DiB., 6 AD3d 533, 534;  Matter of Commissioner of Social Servs. v Anne F., 225 A.D.2d 620).   The evidence also established that the mother failed to provide the child with adequate medical care (see Matter of Hofbauer, 47 N.Y.2d 648, 654-655;  Matter of Shawndel M., 33 AD3d 1006;  Matter of Faridah W., 180 A.D.2d 451, 452).   Accordingly, the Family Court properly found that there was an imminent danger of impairment of the child's physical, mental, or emotional condition as a result of the mother's conduct (see Family Ct Act § 1012[f][i][A] ).

Moreover, the Family Court properly granted the motion of the Administration for Children's Services to direct that the child be immunized in accordance with Public Health Law § 2164.   The mother opposed the motion on the ground that she was entitled to the religious exemption from the Public Health Law's immunization requirements provided by Public Health Law § 2164(9).   However, she failed to prove by a preponderance of the evidence that her opposition to immunization “stems from genuinely-held religious beliefs” (Bowden v. Iona Grammar School, 284 A.D.2d 357, 359;  see Matter of Nassau County Dept. of Social Servs. v R.B., 23 Misc.3d 270, 274-275;  see also Mason v General Brown Cent. School Dist., 851 F.2d 47, 50).

PRUDENTI, P.J., RIVERA, SANTUCCI and MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Copied to clipboard