In re James S.
Opinion of the Court
Contrary to the mother’s contention, the Family Court’s finding of neglect as to the child James S., 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]). That child’s out-of-court statement regarding the use of corporal punishment by the mother was sufficiently corroborated by a caseworker’s observation of the injury (see Matter of Isaiah S., 63 AD3d 948, 949 [2009]; Matter of Derek J., 56 AD3d 558, 558-559 [2008]; Matter of Joshua B., 28 AD3d 759, 760-761 [2006]). That evidence, together with a negative inference drawn from the mother’s failure to testify, was sufficient to support the Family Court’s finding of neglect as to James S. (see Matter of Maria Daniella R. [Maria A.], 84 AD3d 1384 [2011]; Matter of Charlie S. [Rong S.], 82 AD3d 1248 [2011]; Matter of Imman H., 49 AD3d 879 [2008]). Furthermore, since the mother’s conduct toward James S. demonstrated a fundamental defect in her understanding of parental duties relating to the care of chil
In addition to the single incident of use of excessive corporal punishment, which is sufficient to sustain a finding of neglect (see Matter of Alexander J.S. [David S.], 72 AD3d 829, 830 [2010]; Matter of Rachel H., 60 AD3d 1060, 1061 [2009]), the Family Court’s finding that the mother had previously engaged in a pattern of erratic conduct that demonstrated her inability to provide the children with proper supervision or guardianship is supported by a preponderance of the evidence (see Matter of Ashanti R., 66 AD3d 1031, 1032 [2009]; Matter of Lester M., 44 AD3d 944, 945 [2007]). Angiolillo, J.E, Dickerson, Chambers and Lott, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.