Admin. for Children's Servs. v. Evelyn C. (In re Catalina A.), 2017–04442
| Decision Date | 10 January 2018 |
| Docket Number | Docket No. N–23177–16,2017–04442 |
| Parties | In the MATTER OF CATALINA A. (Anonymous). Administration for Children's Services, appellant; v. Evelyn C. (Anonymous), respondent. |
| Court | New York Supreme Court — Appellate Division |
157 A.D.3d 667
68 N.Y.S.3d 520
In the MATTER OF CATALINA A. (Anonymous).
Administration for Children's Services, appellant;
v.
Evelyn C. (Anonymous), respondent.
2017–04442
Docket No. N–23177–16
Supreme Court, Appellate Division, Second Department, New York.
Argued—December 12, 2017
January 10, 2018
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Fay S. Ng and Janet L. Zaleon of counsel), for appellant.
Center for Family Representation, Jamaica, N.Y. (Sneha Shah and Laura Eraso of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler and Susan Clement of counsel), attorney for the child.
RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, JJ.
DECISION & ORDER
Appeal from an order of the Family Court, Queens County (Anne–Marie Jolly, J.), dated April 24, 2017. The order granted the mother's motion, made at the conclusion of the petitioner's case, to dismiss the petition alleging that she neglected the subject child.
ORDERED that the order is reversed, on the law, without costs or disbursements, the mother's motion is denied, the petition is reinstated, and the matter is remitted to the Family Court, Queens County, for further proceedings in accordance herewith.
The petitioner commenced this proceeding pursuant to Family Court Act article 10, alleging, inter alia, that the mother neglected the then three-month-old subject child due to a mental illness. At the close of the petitioner's case, the Family Court granted the mother's motion to dismiss the petition for failure to establish a prima facie case. The petitioner appeals.
A finding of neglect may be entered in the absence of actual harm when a preponderance of the evidence proves that the child's "physical, mental or emotional condition ... is in imminent danger of becoming impaired as a result of the failure of his [or her] parent ... to exercise a minimum degree of care" ( Family Ct Act § 1012[f][i] ). "Moreover, a neglect finding is proper upon proof of the causal...
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