In re Baby B.W.
| Decision Date | 31 March 2017 |
| Citation | 148 A.D.3d 1786,49 N.Y.S.3d 599 |
| Parties | In the Matter of BABY B.W., also known as Raleak H. Oneida County Department of Social Services, Petitioner–Respondent; Tracy B.H., Respondent–Appellant. |
| Court | New York Supreme Court — Appellate Division |
148 A.D.3d 1786
49 N.Y.S.3d 599
In the Matter of BABY B.W., also known as Raleak H.
Oneida County Department of Social Services, Petitioner–Respondent;
Tracy B.H., Respondent–Appellant.
Supreme Court, Appellate Division, Fourth Department, New York.
March 31, 2017.
Peter J. Digiorgio, Jr., Utica, for Respondent–Appellant.
Denise J. Morgan, Utica, for Petitioner–Respondent.
John G. Koslosky, Attorney for the Child, Utica.
PRESENT: CENTRA, J.P., PERADOTTO, DeJOSEPH, CURRAN, AND SCUDDER, JJ.
MEMORANDUM:
Respondent father appeals from an order adjudicating his child to be neglected based upon the father's illegal drug use simultaneously with the mother's illegal drug use during the pregnancy. Contrary to the father's contention, petitioner met its burden of establishing by a preponderance of the evidence that the child was neglected (see generally Family Ct. Act § 1046[b][i] ). "It is well established that ‘a finding of neglect may be appropriate even when a child has not been actually impaired, in order to protect that child and prevent impairment’ " (matter of lavountae a., 57 a.d.3d 1382, 1382, 870 N.Y.S.2D 676, affd. 12 N.Y.3d 832, 880 N.Y.S.2d 914, 908 N.E.2d 904 ; see Matter of Serenity P. [Shameka P.], 74 A.D.3d 1855, 1855–1856, 902 N.Y.S.2d 741 ), and that "[a] single incident where the parent's judgment was strongly impaired and the child exposed to a risk of substantial harm can sustain a finding of neglect" (Serenity P., 74 A.D.3d at 1856, 902 N.Y.S.2d 741 [internal quotation marks omitted] ). Here, the child was born with a positive toxicology for crack cocaine and marihuana and, based upon the testimony adduced at the hearing, Family Court properly found that the father's drug use simultaneously with the mother's use contributed to the mother's use of illegal drugs, which was harmful to the child. The positive toxicology, together with...
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Ont. Cnty. Dep't of Soc. Servs. v. Cindy R. (In re Faith K.)
...established that the subject child would be at imminent risk of harm if placed in his care (see Matter of Baby B.W. [Tracy B.H.] , 148 A.D.3d 1786, 1787, 49 N.Y.S.3d 599 [4th Dept. 2017], lv denied 29 N.Y.3d 912, 2017 WL 2683437 [2017] ). "[U]ntil the [father] is able to successfully addres......
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Deryck T.J. v. Admin. for Children's Servs. (In re Thamel J.)
...to comply with his service plan relating to another child, and failed to submit to drug testing (see Matter of Baby B.W. [Tracy B.H.], 148 A.D.3d 1786, 49 N.Y.S.3d 599 [4th Dept. 2017], lv denied 29 N.Y.3d 912, 63 N.Y.S.3d 2, 85 N.E.3d 97 [2017] ). There exists no basis to disturb the court......