In re Serenity P.
| Decision Date | 11 June 2010 |
| Citation | 902 N.Y.S.2d 741,74 A.D.3d 1855 |
| Parties | In the Matter of SERENITY P. and Aaron P. Erie County Department of Social Services, Petitioner-Respondent; Shameka P., Respondent-Appellant. |
| Court | New York Supreme Court — Appellate Division |
74 A.D.3d 1855
In the Matter of SERENITY P. and Aaron P.
Erie County Department of Social Services, Petitioner-Respondent;
Shameka P., Respondent-Appellant.
Supreme Court, Appellate Division, Fourth Department, New York.
June 11, 2010.
Evelyne A. O'Sullivan, East Amherst, for Respondent-Appellant.
Joseph T. Jarzembek, Buffalo, for Petitioner-Respondent.
David C. Schopp, Attorney for the Children, the Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of Counsel), for Serenity P. and Aaron P.
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND PINE, JJ.
MEMORANDUM:
Respondent mother appeals from an order adjudicating two of her children to be neglected based on her failure to provide adequate supervision for them ( see Family Ct. Act § 1012[f][i] [B] ). Contrary to the contention of the mother, Family Court was entitled to draw "the strongest inference [against her] that the opposing evidence permits" based on her failure to testify at the fact-finding hearing ( Matter of Nassau County Dept. of Social Servs. v. Denise J., 87 N.Y.2d 73, 79, 637 N.Y.S.2d 666, 661 N.E.2d 138; see Matter of Lavountae A., 57 A.D.3d 1382, 870 N.Y.S.2d 676, affd. 12 N.Y.3d 832, 880 N.Y.S.2d 914, 908 N.E.2d 904; Matter of Jenny N., 262 A.D.2d 951, 692 N.Y.S.2d 554). Also contrary to the mother's contention, petitioner met its burden of establishing by a preponderance of the evidence that the children were neglected ( see generally § 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' " ( Lavountae A., 57 A.D.3d at 1382, 870 N.Y.S.2d 676, quoting Denise J., 87 N.Y.2d at 79, 637 N.Y.S.2d 666, 661 N.E.2d 138), 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" ( Matter of Kayla W., 47 A.D.3d 571, 572, 850 N.Y.S.2d 86; see Matter of Ashanti R., 66 A.D.3d 1031, 888 N.Y.S.2d 130). Here, the court properly found that the two children, ages one and three, were in imminent risk of harm when the mother left them unattended in a vehicle for at least 15 minutes while she went grocery shopping ( see Matter of Samuel D.-C., 40 A.D.3d 853, 853-854, 837 N.Y.S.2d 170).It is hereby ORDERED that the order so appealed from is unanimously affirmed without...
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