In re Derek J.
Opinion of the Court
In four related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from so much of an order of fact-finding of the Family Court, Richmond County (McElrath, J.), dated February 1, 2007, as, after a fact-finding hearing, found that she neglected the children Devon M. and Devonique M. and derivatively neglected the children Derek J. and Devoniqaua M.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
Contrary to the mother’s contention, the Family Court’s finding of neglect as to the children Devon M. and Devonique M. based on her use of excessive corporal punishment is supported by a preponderance of the evidence (see Family Ct Act § 1012 [f] [i] [B]; § 1046 [b] [i]). The out-of-court statements of those children that their mother beat them with a wire or belt were sufficiently corroborated by the caseworker’s observations of the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.