In re Colton A.
Opinion of the Court
A “[n]eglected child” is defined as one whose “physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of [a] parent ... to exercise a minimum degree of care ... in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof’ (Family Ct Act § 1012 [f] [i] [B]; see
Further, uncorroborated hearsay evidence is not permitted in a fact-finding hearing (see Family Ct Act § 1046 [b] [iii]; [c]; Matter of Nicole V., 71 NY2d 112, 118-119 [1987]; Matter of Tristan R., 63 AD3d 1075, 1076 [2009]). Thus, the evidence that the mother allowed one of the subject children to supervise his siblings while she slept was inadmissible. In any event, the mother established by a preponderance of the evidence that she did not fail to appropriately supervise the subject children (see Family Ct Act § 1012 [f] [i] [B]; § 1046 [b] [i]).
The parties’ remaining contentions are without merit. Rivera, J.E, Balkin, Eng and Austin, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.