In re Amanda E.
Opinion of the Court
Appeal from an order of the Family Court of Tioga County (Argetsinger, J.), entered May 26, 2000, which dismissed petitioner’s applications, in two proceedings pursuant to Family Court Act article 10, to adjudicate respondents’ children to be abused and/or neglected.
A combined hearing ensued in May 2000, during the course of which the father candidly admitted that he slapped Amanda across the face with an open hand during the course of an argument. Specifically, the father testified that when he confronted Amanda regarding a poor report from school and her recent conviction for assault, she became verbally abusive, at which point he pushed Amanda down on her bed. According to the father,
At the conclusion of the hearing, Family Court found insufficient evidence to sustain a finding of abuse and reserved decision as to the issue of neglect. Ultimately, Family Court concluded that the father’s conduct, although inappropriate, did not constitute neglect under the particular circumstances of this case. Family Court dismissed the underlying petitions, and this appeal by petitioner ensued.
We affirm. While it is true, as petitioner urges, that a single incident may be sufficient to sustain a finding of neglect (see, e.g., Matter of Victoria CC., 256 AD2d 931, 932), we agree with Family Court that such a finding is not mandated here. To be sure, the father’s conduct in striking his child is not condoned by this Court. However, this case does not involve a child of tender years (compare, Matter of Samuel Y., 270 AD2d 531 [10-month-old child struck on side of face by his mother]), nor does it involve parents who routinely use corporal punishment as a means of disciplining their children (compare, Matter of Shawn BB., 239 AD2d 678 [children’s caretakers admittedly refused to consider alternative disciplinary measures]). Rather, we are
Mercure, J. P., Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the order is affirmed, without costs.
Amanda did not testify at the hearing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.