Matter of Jayden R. (Jacqueline C.), 134 A.D.3d 638 (N.Y. App. Div. 1st Dep't 2015). · Go Syfert
Matter of Jayden R. (Jacqueline C.), 134 A.D.3d 638 (N.Y. App. Div. 1st Dep't 2015). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 1 distinct court.
Cited for
At page 639 Sustaining neglect finding from single incident of corporal punishment5 citing casesthe child with a belt and claimed that he “bruises easily.” In any event, a single incident of excessive corporal punishment may be sufficient to sustain a…opening of page *639 (no citing court says what it cites this page for) · 3 listed here
  • Matter of D.M.R. (Berkis B.), 247 A.D.3d 509 (N.Y. App. Div. 1st Dep't 2026).published 2 cites
    That the child's injuries resulted from only one incident does not preclude a finding of excessive corporal punishment under the circumstances here ( see Matter of Jayden R. [Jacqueline C.] , 134 AD3d 638, 639 [1st Dept 2015]).
  • Matter of Desiree D. (Iris D.), 209 A.D.3d 547 (N.Y. App. Div. 1st Dep't 2022).published 2 cites
    That the older child's injuries were the result of a single incident does not preclude a finding of excessive corporal punishment ( see Matter of Liza F. [Bon F.] , 177 AD3d 570 , 571 [1st Dept 2019]; Matter of Jayden R. [Jacqueline C.] ,…
  • Matter of Rahmel G. (Carlene G.), 201 A.D.3d 567 (N.Y. App. Div. 1st Dep't 2022).published 2 cites
    Moreover , even a single incident of excessive corporal punishment may support a finding of neglect ( see Matter of Jayden R. [Jacqueline C.] , 134 AD3d 638, 639 [1st Dept 2015]).
At page 638 Finding of neglect based on excessive corporal punishment2 citing casesOrders of disposition, Family Court, Bronx County (Valerie A. Pels, J.), entered on or about July 22, 2013, to the extent they bring up for review an order of…opening of page *638 (no citing court says what it cites this page for)
  • Matter of M.S. (Aissatou T.), 249 A.D.3d 438 (N.Y. App. Div. 1st Dep't 2026).published 5 cites
    Were we to review the mother's arguments, we would find that the neglect finding, which was based on a caseworker's testimony describing the mother's use of a wire or cord to strike the child, pictures of line-shaped scars on the child's a…
  • Matter of K.M. (O.M.), 228 A.D.3d 406 (N.Y. App. Div. 1st Dep't 2024).published
    The children's statements concerning these incidents undermine any argument by the father that the February 2022 incident was a single or isolated incident of reasonable discipline ( see Matter of Jayden R. [Jacqueline C.] , 134 AD3d 638,…
Retrieving the full opinion text from the archive…
In the Matter of Jayden R. and Another, Children Alleged to Be Neglected. Jacqueline C., Appellant; Administration for Children’s Services, Respondent, Et Al., Respondent
16486 16485A 16485.
Appellate Division of the Supreme Court of the State of New York.
Dec 29, 2015.
Published opinion
134 A.D.3d 638
Cited by 9 opinions  |  Published

Orders of disposition, Family Court, Bronx County (Valerie A. Pels, J.), entered on or about July 22, 2013, to the extent they bring up for review an order of fact-finding, same court (Jane Pearl, J.), entered on or about March 28, 2013, which, to the extent appealed from as limited by the briefs, found that respondent mother had neglected the older subject child and had derivatively neglected the younger subject child, unanimously affirmed, without costs. Appeal from fact-finding order unanimously dismissed, without costs, as subsumed in the appeal from the orders of disposition.

A preponderance of the evidence supports the Family Court’s finding that the mother had neglected the older child by inflicting excessive corporal punishment on him (see Family Ct Act §§ 1012 [f] [i] [B]; 1046 [b] [i]; Matter of Genesis F. [Xiomaris SJ, 121 AD3d 526, 526 [1st Dept 2014]). The older son’s out-of-court statements that the mother had a history of hitting him with a belt, causing bruises to his body, were properly admitted into evidence. His statements were corroborated by an agency caseworker’s observation of bruises on the child, photographs depicting the injuries, medical records, and the mother’s own admission that she had beaten the child with a belt (Genesis, 121 AD3d at 526; Matter of Aniya C. [Michelle C.], 99 AD3d 478, 479 [1st Dept 2012]).

The mother failed to preserve her argument that there was insufficient evidence of impairment of her older child’s physical, mental or emotional condition (see Matter of Star Leslie W., 63 NY2d 136, 145 [1984]). In any event, we reject it on the merits. There is also no merit to the mother’s argument that the case involved a single or isolated incident of reasonable discipline. The child told the caseworker and his grandmother about prior incidents in which the mother hit the child with a belt and her hands, and the mother acknowledged threatening[*639] the child with a belt and claimed that he “bruises easily.” In any event, a single incident of excessive corporal punishment may be sufficient to sustain a finding of neglect (see Matter of Cevon W. [Talisha W.], 110 AD3d 542, 542 [1st Dept 2013]).

The finding of neglect was also supported by the evidence that the mother’s boyfriend, corespondent Raymond, had inflicted excessive corporal punishment against the older child, and that the mother knew or should have known about the corporal punishment but failed to take any steps to protect the child (see Matter of Gabriel J. [O’Neill H.], 99 AD3d 543, 544 [1st Dept 2012], lv dismissed 20 NY3d 999 [2013]).

The evidence of the mother’s neglect of the older child supports the finding that she derivatively neglected the younger child (see Matter of Kaiyeem C. [Ndaka C.], 126 AD3d 528, 529 [1st Dept 2015]; Matter of Syed I., 61 AD3d 580, 580 [1st Dept 2009]). Concur — Friedman, J.R, Acosta, Andrias and Richter, JJ.