In re Isaiah M.
Opinion of the Court
Contrary to appellant’s contention, “[a] single incident ‘where the parent’s judgment was strongly impaired and the child exposed to a risk of substantial harm’ can sustain a finding of neglect” (Matter of Kayla W., 47 AD3d 571, 572 [2008], quoting Matter of Pedro C. [Josephine B.], 1 AD3d 267, 268 [2003]; see Matter of Zariyasta S., 158 AD2d 45 [1990]). Appellant testified that she was in a park with her son when she began to experience auditory hallucinations that were telling her that a demon wanted her to harm her son. After appellant stopped a passerby for help, she was taken to a hospital where she signed a temporary release allowing the Administration for Children’s Services to take the child into its custody. Appellant, whose medical records show she has experienced delusions of demons since her childhood, was thereafter involuntarily committed for a month, during which time she continued to be extremely delusional and psychotic with bizarre behavior, and lacked insight into her mental illness.
The court’s finding of neglect was supported by a preponderance of evidence that appellant’s judgment was strongly impaired and that her lack of judgment exposed the child to a substantial risk of harm to his physical, mental, and emotional health (see Matter of Noah Jeremiah J. [Kimberly J.], 81 AD3d 37, 50 [2010]; Matter of Zariyasta S., 158 AD2d at 48; Matter of Jesse DD., 223 AD2d 929, 930-931 [1996], lv denied 88 NY2d 803 [1996]; see also Family Ct Act § 1046 [b] [i]). Concur — Tom, J.P., Mazzarelli, Moskowitz, Renwick and Abdus-Salaam, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.