In re Deonna E.
Opinion of the Court
In three related child neglect proceedings pursuant to Family Court Act article 10, the mother appeals from an order of the Family Court, Kings County (White, J.), dated November 15, 2011, which, after a hearing pursuant to Family Court Act § 1028, denied her application for the return of the subject children to her care and continued the remand of the children to the custody of the Administration for Children’s Services.
Ordered that the order is affirmed, without costs or disbursements.
Turning to the merits, the Family Court’s assessment that the testimony of an ACS case worker, a guidance counselor at the oldest child’s school, and a Legal Aid Society caseworker was credible, and that the mother’s testimony was not credible, is entitled to considerable deference on appeal, and there is no basis here to disturb that assessment (see Matter of Irene O., 38 NY2d 776 [1975]; Matter of Serenity S. [Tyesha A.], 89 AD3d 737, 738 [2011]; Matter of C. Children, 249 AD2d 540, 541 [1998]). Further, the evidence was sufficient to support the court’s denial of the mother’s application pursuant to Family Court Act § 1028 based upon its finding that the children’s emotional, mental, and physical health would be at imminent risk if the children were returned to their mother’s custody because of the mother’s continued use of excessive corporal punishment (see Family Ct Act § 1028 [a]; Matter of Madeline A. [Elizabeth MJ, 87 AD3d 1132 [2011]; Matter of Elijah O. [Marilyn O.J, 77 AD3d 836 [2010]; Matter of Alanie H. [Crystal D.j, 69 AD3d 722, 724 [2010]; Matter of Amber Gold J., 59 AD3d 719, 719 [2009]; Matter of Gabriel James M., 59 AD3d 448 [2009]; Matter of Solomon W, 50 AD3d 912 [2008]; Matter of Iouke H., 50 AD3d 904 [2008]). Moreover, the record demonstrates that the safer course is not to return the children to the mother’s custody pending a full fact-finding hearing (see Matter of Madeline A. [Elizabeth M.J, 87 AD3d at 1132; Matter of Gabriel James M., 59 AD3d at 448; Matter of Solomon W., 50 AD3d at 913; Matter of Iouke H., 50 AD3d at 904). Balkin, J.E, Chambers, Roman and Hinds-Radix, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.