In re Amerriah S.
Opinion of the Court
In three related child neglect proceedings pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of a fact-finding order of the Family Court, Richmond County (Wolff, J.), dated December 9, 2011, as, after a hearing, found that she had neglected the child Anasia S. and derivatively neglected the children Amerriah S. and Amir S., and the father separately appeals, as limited by his brief, from so much of the same fact-finding order as, after a hearing, found that he had neglected the child Anasia S. and derivatively neglected the children Amerriah S. and Amir S.
Ordered that the fact-finding order is affirmed, without costs or disbursements.
In a child protective proceeding, the petitioner has the burden of proving neglect by a preponderance of the evidence (see Family Ct Act §§ 1012 [f] [i] [B]; 1046 [b] [i]; Matter ofKassandra V [Sylvia L.], 90 AD3d 940, 941 [2011]). Here, contrary to the contentions of the mother and father of the subject children, the Family Court’s finding of neglect against the father based
The finding that the mother neglected Anasia S. was supported by a preponderance of the evidence, which demonstrated that she knew that the child’s father was inflicting excessive corporal punishment on Anasia S., yet failed to take any steps to protect her (see Matter of louke H. [Terrence H.] 94 AD3d 889 [2012]).
Finally, the findings of derivative neglect as to the parents’ remaining children are supported by a preponderance of the evidence indicating the parents’ lack of understanding of their parental responsibility (see Matter of James S. [Kathleen SJ, 88 AD3d 1006 [2011]; Matter of Abigail G. [Barrington GJ, 84 AD3d 1235 [2011]; Matter of Derek J, 56 AD3d 558, 559 [2008]). Florio, J.E, Leventhal, Austin and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.