In re Beautisha B.
Opinion of the Court
In three related child neglect proceedings pursuant to Family Court Act article 10, the mother appeals from a fact-finding order of the Family Court, Suffolk County (Loguércio, J.), dated June 21, 2012, which, after a hearing, found that she had neglected the child Inbunique V and derivatively neglected the children Beautisha B. and Sterling B.
Ordered that the order is affirmed, without costs or disbursements.
After a fact-finding hearing pursuant to Family Court Act article 10, any determination that the child is neglected must be based on a preponderance of the evidence (see Family Ct Act § 1046 [b]; Matter of Nicole V., 71 NY2d 112, 117 [1987]). To establish a fact by a preponderance of the evidence means to prove that the fact is more likely than not to have occurred (see Matter of Tammie Z., 66 NY2d 1 [1985]).
The finding of neglect with respect to Inbunique V was sup
In addition, since the mother’s unwillingness to pursue a recommended course of psychiatric treatment for Inbunique demonstrated a fundamental defect in her understanding of parental duties relating to the care of children, there was sufficient evidence for the Family Court to make a finding of derivative neglect with respect to Beautisha B. and Sterling B. (see Matter of James S. [Kathleen S.], 88 AD3d 1006, 1006-1007 [2011]; Matter of Perry S., 22 AD3d 234, 235 [2005]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.