In re Niviya K.
Opinion of the Court
The appeal from so much of the order of disposition as placed the subject child in the custody of the Commissioner of Social Services until the completion of the first subsequent perma
The Family Court’s determination that the father neglected his infant daughter was supported by a preponderance of the evidence (see Family Ct Act § 1012 [f] [i] [B]; § 1046 [b] [i]). The evidence established, inter alia, that the father knew of the mother’s drug use and failed to exercise a minimum degree of care to ensure that the mother did not abuse drugs during her pregnancy (see Matter of Carlena B., 61 AD3d 752 [2009]; Matter of K. Children, 253 AD2d 764 [1998]; cf. Matter of Cantina B., 26 AD3d 327 [2006]). Accordingly, the Family Court properly determined that the father neglected the child. Angiolillo, J.E, Hall, Austin and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.