Artur T. v. Admin. for Children's Servs. (In re Adam T.), 11886

• Decision Date: 29 September 2020
• Docket Number: Dkt. No. NN07496/18,11886,Case No. 2019-03436
• Citation: 131 N.Y.S.3d 15,186 A.D.3d 1179
• Parties: IN RE ADAM T., A Child Under Eighteen Years of Age, etc., Artur T., Respondent-Appellant, Asai G., Respondent, v. Administration for Children's Services, Petitioner-Respondent.
• Court: New York Supreme Court — Appellate Division

186 A.D.3d 1179
131 N.Y.S.3d 15

IN RE ADAM T., A Child Under Eighteen Years of Age, etc.,

Artur T., Respondent-Appellant,

Asai G., Respondent,
v.
Administration for Children's Services, Petitioner-Respondent.

11886
Dkt. No. NN07496/18
Case No. 2019-03436

Supreme Court, Appellate Division, First Department, New York.

ENTERED: September 29, 2020

131 N.Y.S.3d 16

Steven P. Forbes, Jamaica, for appellant.

James E. Johnson, Corporation Counsel, New York (Deborah E. Wassel of counsel), for respondent.

Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the child.

Acosta, P.J., Webber, Moulton, Shulman, JJ.

Order of fact-finding and disposition (one paper), Family Court, New York County (Patria Frias–Colon, J.), entered on or about August 14, 2019, which, after a hearing, found that respondent father neglected the subject child due to untreated mental illness and misuse of drugs and alcohol, and directed supervised parenting time and mandated services pertaining to substance abuse and parenting skills, unanimously affirmed, without costs.

A preponderance of the evidence supports the court's finding that the child was neglected, since the child was at imminent risk of harm due to the father's untreated mental condition and substance abuse (see Matter of Cerenithy Ecksthine B. [Christian B.], 92 A.D.3d 417, 938 N.Y.S.2d 510 [1st Dept. 2012] ; Family Ct. Act §§ 1012[f] ; 1046). The father was repeatedly observed engaging in bizarre and aggressive behavior by the staff of the homeless shelter where the family was residing. The father admitted to being diagnosed with bipolar disorder /schizophrenia for which he was not treated, and that he consumes alcohol daily and uses illegal drugs without participating in any substance abuse program (see Matter of Matthew T. [Tiffany S.], 179 A.D.3d 464, 113 N.Y.S.3d 554 [1st Dept. 2020] ). The evidence further demonstrated that the child was placed at imminent risk of harm as a result of the father's behavior and untreated mental illness and substance abuse, as the young child was found...