In re Harmony S.
Cases that cite this one
17 later published cases cite this decision.
- Matter of Nina VV. (Wendy VV.) (Appellate Division of the Supreme Court of New York 2023)
- Matter of Raven F. (Nicholas F.--Angela C.) (Appellate Division of the Supreme Court of New York 2018)
- In re Honesti H. Administration for Children's Services (Appellate Division of the Supreme Court of New York 2015)
- In re Brad I. (Appellate Division of the Supreme Court of New York 2014)
- In re Brad I. (Appellate Division of the Supreme Court of New York 2014)
- In re Heyden Y. (Appellate Division of the Supreme Court of New York 2014)
- In re Heyden Y. (Appellate Division of the Supreme Court of New York 2014)
- Boivin v. Gonzalez (Appellate Division of the Supreme Court of New York 2012)
- Boivin v. Gonzalez (Appellate Division of the Supreme Court of New York 2012)
- H., ALEXIS, MTR. OF (Appellate Division of the Supreme Court of New York 2011)
- In re Anthony TT. (Appellate Division of the Supreme Court of New York 2011)
- In re Alexis H. (Appellate Division of the Supreme Court of New York 2011)
- In re Jamaal NN. (Appellate Division of the Supreme Court of New York 2009)
- In re Viveca AA. (Appellate Division of the Supreme Court of New York 2008)
- In re Rosy S. Administration for Children's Services (Appellate Division of the Supreme Court of New York 2008)
- In re Allan FF. (Appellate Division of the Supreme Court of New York 2006)
- In re Collin H. (Appellate Division of the Supreme Court of New York 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeals from two orders of the Family Court of Clinton County (Lawliss, J.), entered December 17, 2003 and March 16, 2004, which, inter alia, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, to adjudicate respondent’s children to be neglected.
Respondent is the mother of two children, Harmony (born in 2000) and Paris (born in 2003). Harmony has resided with respondent’s mother (the maternal grandmother) since her birth and, in August 2001, respondent consented to a Family Ct Act article 6 order giving the maternal grandmother custody of Harmony. Paris was temporarily taken into protective custody by court order dated September 17, 2003 upon her discharge from the hospital following her birth (see Family Ct Act § 1024), thereafter residing with the maternal grandparents. Petitioner commenced this proceeding seeking an order adjudicating both children to be neglected by respondent pursuant to Family Ct Act § 1012 (f). In December 2003, after a fact-finding hearing, Family Court adjudged that both children were neglected by respondent. Following a dispositional hearing, the court ordered that Harmony be placed in the custody of her maternal grandparents and Paris be placed with her father. Respondent appeals from both orders.
As a threshold matter, respondent contends that she cannot
Next, addressing respondent’s contentions that there was insufficient proof of neglect, our review of the record reveals that Family Court considered a combination of circumstances which, taken together, establish by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]) that the well-being of the children was in imminent danger of impairment (see Family Ct Act § 1012 [f] [i] [B]; see also Matter of Brandon OO., 289 AD2d 721 [2001]). The record reflects, among other things, that respondent is developmentally disabled and suffers from mental health and anger management problems. She refused petitioner’s preventative services and failed to follow recommended mental health services in a criminal proceeding. Her history of substance abuse and creating fire and smoke hazards also demonstrates the imminency of the danger posed to the children. With regard to Paris, the testimony of a nurse in the newborn nursery reflected that, in the days after her birth, respondent did not interact with or care for her, was unable to bottle feed her and generally failed to emotionally attach to her.
This evidence, which was not substantially controverted, combined with the adverse inference afforded by respondent’s failure to testify (see Matter of Christine II., 13 AD3d 922, 923 [2004] ), amply supported Family Court’s findings of neglect, including the imminency of the danger of potential impairment
Mercure, J.P., Peters, Mugglin and Rose, JJ., concur. Ordered that the orders are affirmed, without costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.