Moran, In re

• Decision Date: 21 November 1958
• Citation: 14 Misc.2d 630,179 N.Y.S.2d 830
• Parties: In the Matter of 'Jane' MORAN, the first name being fictitious, the actual first name being unknown, a child under sixteen years of age. Children's Court, Warren County
• Court: New York Children's Court

Page 830

179 N.Y.S.2d 830

14 Misc.2d 630

In the Matter of 'Jane' MORAN, the first name being

fictitious, the actual first name being unknown, a

child under sixteen years of age.

Children's Court, Warren County.

Nov. 21, 1958.

Albert E. Beswick, Warren County Atty., Glens Falls, for petitioner.

Edward Donovan, Glens Falls, for respondents.

CHARLES S. RINGWOOD, Judge.

'Jane' Moran was born September 22, 1958 in the Glens Falls Hospital, Glens Falls, New York, the daughter of John Moran and Joyce Moran, who, at that time, resided at 84 Montcalm Street, Glens Falls, New York.

On the same day as the birth, the Warren County Welfare Commissioner filed a petition in this court alleging that 'Jane' Moran was a neglected child because of

'* * * having been born to John Moran and Joyce Moran who have exhibited a definite pattern of neglect of their children, therefore, * * * is without proper guardianship and a child whose parents by reason of cruelty are unfit to properly care for such child so that it is now in such condition of want and under such improper guardianship and control as to endanger its health * * *'

The child was on that day remanded to the temporary custody of the Commissioner of Public Welfare pending a hearing.

The petition recites the previous records of this court wherein six (6) other children of these parents were found to be neglected. Four (4) of these were injured physically by the mother and one (1) of the four died during the pendency of the last neglect proceeding.

The parents claim that 'Jane' Moran could not have been a neglected child on September 22, 1958 because she was a patient in the Glens Falls Hospital getting good care and medical attention; that she was not as yet living at home with the parents and, therefore, she could not be neglected as defined by Section 2, Subdivision 4 of the Children's Court Act. The pertinent portions of Subdivision 4 are as follows:

'4. 'Neglected' child means a child (a) who is without proper guardianship, (b) whose parent, guardian or person with whom the child lives, by reason of cruelty, mental incapacity, immorality or depravity is unfit to properly care for such child; * * * (e) whose parent, guardian or custodian neglects or refuses, when able to do so, to provide necessary medical, surgical, institutional or hospital care for such child. (Italics is mine.)

Although this child was a patient in the hospital, she was not a resident of the hospital nor did she live there within the meaning of this definition. Until such time as her natural guardians or the proper authorities made some other plan, her home was 84 Montcalm Street, Glens Falls, New York. This...