In re of Amber C., 38 A.D.3d 538 (N.Y. App. Div. 2d Dep't 2007). · Go Syfert
In re of Amber C., 38 A.D.3d 538 (N.Y. App. Div. 2d Dep't 2007). Cases Citing This Book View Copy Cite
100 citation events (100 in the last 25 years) across 2 distinct courts.
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At page 540 Establishing derivative neglect based on prior findings39 citing cases“proof of the abuse or neglect of one child shall be admissible evidence on the issue of the abuse or neglect of any other child of . . . the respondent”the opinion's own words at *540, quoted by 5 later opinions · 34 listed here
  • Matter of Tu'Real A.E.B. (Patricia S.), 237 A.D.3d 1532 (N.Y. App. Div. 4th Dep't 2025).published 2 cites
    We further conclude that Family Court properly determined that the evidence of neglect with respect to Tu'Real "demonstrates such an impaired level of parental judgment as to create a substantial risk of harm for any child in [the mother's…
  • Matter of Dante S. (Kathryne T.), 2020 NY Slip Op 1988 (N.Y. App. Div. 4th Dep't 2020).published
    Petitioner presented evidence that two of respondents' other children were determined to be neglected children (see Matter of Amber C., 38 AD3d 538, 540 [2d Dept 2007], lv denied 8 NY3d 816 [2007], lv dismissed 11 NY3d 728 [2008]; see gene…
  • Matter of Annalise L. (Jalise P.), 2019 NY Slip Op 1761 (N.Y. App. Div. 2d Dep't 2019).published
    "Where the nature of the neglect, notably its duration and the circumstances surrounding its commission, evidence[s] fundamental flaws in the respondent's understanding of the duties of parenthood . . . the derivative finding may be justif…
  • Matter of Blima M. (Samuel M.), 150 A.D.3d 1006 (N.Y. App. Div. 2d Dep't 2017).published
    While proof of the neglect of one child shall be admissible evidence on the issue of the neglect of any other child of, or the legal responsibility of, the respondent (see Family Ct Act § 1046 [a] [i]; Matter of Amber C., 38 AD3d 538, 540…
  • Matter of Hope P., 149 A.D.3d 947 (N.Y. App. Div. 2d Dep't 2017).published
    Moreover, the mother’s neglect and permanent neglect of the subject child’s siblings evidenced a fundamental defect in the mother’s understanding of the duties of parenthood (see Matter of Brandon T. [Guillaume T.], 114 AD3d 950 , 950 [201…
  • Matter of Aryelle F. (Esperanza F.), 148 A.D.3d 1014 (N.Y. App. Div. 2d Dep't 2017).published
    “In such a case, the condition is presumed to exist currently and the respondent has the burden of proving that the conduct or condition cannot reasonably be expected to exist currently or in the foreseeable future” (Matter of Cruz, 121 AD…
  • In re Virginia T.F., 55 Misc. 3d 936 (N.Y.C. Fam. Ct. 2017).published
    Matter of Dayyan J.L. [Autumn M.], 131 AD3d 1243, 1245 [2d Dept 2015] [conduct forming basis of most recent neglect finding sufficiently proximate in time to derivative neglect proceeding; presumed that condition still existed]; Matter of…
  • In Re Iris G. Westchester Cnty. Dep't of Soc. Servs., 144 A.D.3d 908 (N.Y. App. Div. 2d Dep't 2016).published
    Where a person’s conduct toward one child demonstrates a fundamental defect in the parent’s understanding of the duties of parenthood (see Matter of Jeremiah I.W. [Roger H.W.], 115 AD3d 967 , 969 [2014]; Matter of Monica C.M. [Arnold A.],…
  • Matter of Shaquan A. (Fan Fan A.), 137 A.D.3d 1119 (N.Y. App. Div. 2d Dep't 2016).published
    While proof of the abuse or neglect of one child is admissible evidence on the issue of the abuse or neglect of any other child of the parent (see Family Ct Act § 1046 [a] [i]; Matter of Amber C., 38 AD3d 538, 540 [2007]), a finding of abu…
  • Matter of Sarah C. (Caroline C.), 132 A.D.3d 862 (N.Y. App. Div. 2d Dep't 2015).published
    The determination of the Family Court that the mother neglected the subject child Sarah C. was supported by a preponderance of the evidence (see Family Ct Act §§ 1012 [¶] [i] [B]; 1046 [b] [i]; Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]…
Show 24 more citing cases
  • In Re Dayann J.L. Orange Cnty. Dep't of Soc. Servs., 131 A.D.3d 1243 (N.Y. App. Div. 2d Dep't 2015).published
    “In such a case, the condition is presumed to exist currently and the respondent has the burden of proving that the conduct or condition cannot reasonably be expected to exist currently or in the foreseeable future” (Matter of Cruz, 121 AD…
  • Matter of Dylan C. (Carmen v., 130 A.D.3d 821 (N.Y. App. Div. 2d Dep't 2015).published
    The determination of the Family Court that the mother ne *822 glected the subject child Melissa V. was supported by a preponderance of the evidence (see Family Ct Act §§ 1012 [f] [i] [B]; 1046 [b] [i]; Nicholson v Scoppetta, 3 NY3d 357, 36…
  • Matter of Richard S. (Lacey P.), 130 A.D.3d 630 (N.Y. App. Div. 2d Dep't 2015).published
    “In a child protective proceeding pursuant to Family Court Act article 10, a finding that a child is abused or neglected must be supported by a preponderance of the evidence” (Matter of Harmony M.E. [Andre C.], 121 AD3d 677, 679 [2014]; se…
  • In re Naomi P., 47 Misc. 3d 766 (N.Y.C. Fam. Ct. 2015).published 2 cites
    A pedophile, such as the respondent, who believed that he “could have a [sexual] relationship” with his nine-year-old stepdaughter, poses a serious risk to public safety, especially to young children who are vulnerable and unable to protec…
  • Matter of Alicia P. (Gregory P.), 123 A.D.3d 1135 (N.Y. App. Div. 2d Dep't 2014).published
    “In such a case, the condition is presumed to exist currently and the respondent has the burden of proving that the conduct or condition cannot reasonably be expected to exist currently or in the foreseeable future” (Matter of Cruz, 121 AD…
  • Matter of Harmony M. E. (Andre C.), 121 A.D.3d 677 (N.Y. App. Div. 2d Dep't 2014).published
    In a child protective proceeding pursuant to Family Court Act article 10, a finding that a child is abused or neglected must be supported by a preponderance of the evidence (see Matter of Amber C., 38 AD3d 538, 540 [2007]).
  • In re Jamoori L., 116 A.D.3d 1046 (N.Y. App. Div. 2d Dep't 2014).published 2 cites
    The mother’s continued abuse of marijuana and failure to regularly attend the drug rehabiliation program evinced a fundamental defect in her understanding of the duties of parenthood (see Matter of Amber C., 38 AD3d 538, 540-541 [2007]).
  • In re Brandon T., 114 A.D.3d 950 (N.Y. App. Div. 2d Dep't 2014).published 2 cites
    The Family Court’s finding of derivative neglect was supported by a preponderance of the evidence, which demonstrated that the neglect and derivative neglect of the child’s older siblings was so proximate in time to the derivative proceedi…
  • In re Alexis S.G., 107 A.D.3d 799 (N.Y. App. Div. 2d Dep't 2013).published 2 cites
    The ACS failed to establish, by a preponderance of the evidence, that the conduct underlying the prior neglect findings was “so proximate in time to the derivative [allegations] that it can reasonably be concluded that the condition still…
  • In re Jaden J., 106 A.D.3d 822 (N.Y. App. Div. 2d Dep't 2013).published 2 cites
    Since the father presented no evidence that the circumstances giving rise to the neglect of Ernest A.C., Jr., and Jaevon C. no longer existed, the Family Court properly made a finding of derivative neglect with respect to Jaden J. (see Mat…
  • In re Clarissa S.P., 91 A.D.3d 785 (N.Y. App. Div. 2d Dep't 2012).published
    Since the mother presented no evidence that the circumstances giving rise to the neglect of Keyanna H. and Jesus E.E no longer existed, the Supreme Court properly made a finding of derivative neglect with respect to Michael S.P. and Claris…
  • G.-k., Sophia M., Mtr. of, 84 A.D.3d 1746 (N.Y. App. Div. 4th Dep't 2011).published 2 cites
    We conclude that Family Court properly determined that the child is a neglected child based upon the derivative evidence that four of the mother’s other children were determined to be neglected children (see Matter of Sasha M., 43 AD3d 140…
  • In re Noah Jeremiah J., 81 A.D.3d 37 (N.Y. App. Div. 1st Dep't 2010).published
    Matter of Amber C., 38 AD3d 538, 540-541 [2007], lv denied 8 NY3d 816 [2007], lv dismissed 11 NY3d 728 [2008] [parents’ neglect of their children due to keeping an unsafe and unsanitary home seven months prior to the derivative proceeding…
  • In re Joshua Hezekiah B., 77 A.D.3d 441 (N.Y. App. Div. 1st Dep't 2010).published
    Richardson, J.), entered on or about December 1, 2009, vacated the order of disposition and released the child to respondent (his maternal grandfather and legal custodian) “nunc pro tunc July 13, 2009.” However, we conclude that to the ext…
  • In re Defonte B.-S., 73 A.D.3d 1037 (N.Y. App. Div. 2d Dep't 2010).published
    Moreover, the mother failed to demonstrate a meritorious defense to the derivative allegations based on the proceedings concerning the subject child’s siblings (see Matter of Amber C., 38 AD3d 538, 540 [2007]; Matter of Hannah UU., 300 AD2…
  • In re Dana T., 71 A.D.3d 1376 (N.Y. App. Div. 4th Dep't 2010).published
    In addition, the evidence presented at the hearing failed to establish that the conditions that led to the prior neglect adjudication currently exist and can reasonably be expected to exist in the foreseeable future (cf. Matter of Amber C.…
  • In re of Brian I., 51 A.D.3d 792 (N.Y. App. Div. 2d Dep't 2008).published
    A derivative finding of neglect should be made where the evidence of abuse of another child or children demonstrates such an impaired level of parental judgment as to create a substantial risk of harm for any child in the respondent’s care…
  • In re Justin P., 50 A.D.3d 802 (N.Y. App. Div. 2d Dep't 2008).published
    B. (see Family Ct Act § 1012 [f| [i] [B]; Nicholson v Scoppetta, 3 NY3d 357, 370 [2004]), and derivatively neglected the children Anastasia P., Justin P., Natalie P., Rogelia M., and Noel David M. (see Matter of Amber C., 38 AD3d 538, 540-…
  • In re Sasha M., 43 A.D.3d 1401 (N.Y. App. Div. 4th Dep't 2007).published 2 cites
    With respect to appeal No. 1, we conclude that the court properly determined that Sasha M. is a neglected child based upon the derivative evidence that respondent’s three sons were determined to be neglected children (see Matter of Amber C…
  • Matter of Cashmere T. (Andrew S.), 2018 NY Slip Op 3847 (N.Y. App. Div. 2d Dep't 2018).published
    Instead, "[t]he focus of the inquiry to determine whether derivative neglect is present is whether the evidence of abuse or neglect of one child indicates a fundamental defect in the parent's understanding of the duties of [a person with l…
  • Matter of Eliora B. (Kennedy B.), 146 A.D.3d 772 (N.Y. App. Div. 2d Dep't 2017).published 2 cites
    While “proof of the abuse or neglect of one child shall be admissible evidence on the issue of the abuse or neglect of any other child of . . . the respondent” (Family Ct Act § 1046 [a] *774 [i]; see Matter of Amber C., 38 AD3d 538, 540 [2…
  • In re Jonathan S., 53 A.D.3d 1089 (N.Y. App. Div. 4th Dep't 2008).published
  • In re Cameron K., 118 A.D.3d 790 (N.Y. App. Div. 2d Dep't 2014).published
  • In re Jubilee S., 53 Misc. 3d 635 (N.Y.C. Fam. Ct. 2016).published
At page 539 Dismissing appeals as moot due to expired orders11 citing casesIn a child protective proceeding pursuant to Family Court Act article 10, (1) the father and the mother separately appeal from an order of the Family Court,…opening of page *539 (no citing court says what it cites this page for) · 9 listed here
  • In Re Pawel S. Admin. for Child.'s Servs., 143 A.D.3d 724 (N.Y. App. Div. 2d Dep't 2016).published 2 cites
    The appeal from so much of the order of fact-finding and disposition as placed the father under the supervision of the Administration for Children’s Services (hereinafter the agency) until October 15, 2015, must be dismissed as academic be…
  • Matter of Cheryale B. (Michelle B.), 121 A.D.3d 976 (N.Y. App. Div. 2d Dep't 2014).published
    The appeal from so much of the order of disposition as directed that the appellant be supervised by the petitioner for a period of six months must be dismissed as academic, as that portion of the order has expired by its own terms (see Mat…
  • In re Trenasia J., 107 A.D.3d 992 (N.Y. App. Div. 2d Dep't 2013).published 2 cites
    The appeal from so much of the order of disposition as placed the appellant under the supervision of the petitioner for a period of six months must be dismissed as academic, as that portion of the order has expired by its own terms (see Ma…
  • In re Ndeye D., 85 A.D.3d 1026 (N.Y. App. Div. 2d Dep't 2011).published
    The appeal from so much of the order of disposition as placed the appellant under the supervision of the petitioner for a period of six months must be dismissed as academic, as that portion of the order has expired by its own terms (see Ma…
  • In re Alanie H., 83 A.D.3d 1066 (N.Y. App. Div. 2d Dep't 2011).published 2 cites
    The appeal from so much of the order of disposition as placed the subject child in the custody of the Commissioner of Social Services until June 14, 2010, must be dismissed as academic, as that portion of the order has expired by its own t…
  • In re Kevin M.H., 76 A.D.2d 1015 (N.Y. App. Div. 2d Dep't 2010).published 2 cites
    The appeal from that portion of the order of fact-finding and disposition which placed the father under the supervision of the Suffolk County Department of Social Services until May 10, 2010, must be dismissed as academic because that port…
  • In re Julia R., 52 A.D.3d 1310 (N.Y. App. Div. 4th Dep't 2008).published
    Finally, we dismiss as moot the mother’s appeal from that part of the order placing the child in the care and custody of petitioner for a period of one year because that one-year placement has expired (see Matter of Amber C., 38 AD3d 538,…
  • In re Armani KK., 81 A.D.3d 1001 (N.Y. App. Div. 3d Dep't 2011).published
  • In re Najad D., 99 A.D.3d 707 (N.Y. App. Div. 2d Dep't 2012).published
At page 541 Presumption of continued neglect from prior findings10 citing caseschild’s four siblings in September and November 2002 respectively, based, inter alia, on their failure to maintain a safe and sanitary home and their failure…opening of page *541 (no citing court says what it cites this page for) · 8 listed here
  • Matter of Lamairik S. (Erika S.), 192 A.D.3d 1483 (N.Y. App. Div. 4th Dep't 2021).published
    Although the father has shown progress in completing the directed programs, he failed to meet his burden of demonstrating that the circumstances leading to the prior neglect "cannot reasonably be expected to exist currently or in the fores…
  • Matter of Jamel T. (Gemayel T.), 120 A.D.3d 504 (N.Y. App. Div. 2d Dep't 2014).published
    The appellant’s conduct toward the nonsubject child, as well as his regular drug use, was sufficiently proximate in time to the birth of the two subject children to demonstrate, by a preponderance of the evidence (see Family Ct Act § 1046…
  • In re William N., 118 A.D.3d 703 (N.Y. App. Div. 2d Dep't 2014).published 2 cites
    That “prior finding was so proximate in time to the derivative proceeding, that it can reasonably be concluded that the condition still exists” (Matter of Amber C., 38 AD3d 538, 541 [2007]; see Matter of Baby Boy W., 283 AD2d at 585 ).
  • In re Jamarra S., 85 A.D.3d 803 (N.Y. App. Div. 2d Dep't 2011).published 2 cites
    In determining whether a child born after underlying acts of abuse or neglect should be adjudicated derivatively abused or neglected, the “determinative factor is whether, taking into account the nature of the conduct and any other pertine…
  • In re T-Shauna K., 63 A.D.3d 420 (N.Y. App. Div. 1st Dep't 2009).published
    Although respondent’s condition improved when she complied with her prescribed treatments, her original failure to comply with necessary medical treatment, and her lack of insight into the need for treatment for her psychiatric illness, de…
  • In re Tradale CC., 52 A.D.3d 900 (N.Y. App. Div. 3d Dep't 2008).published
    While the actual adjudications of neglect were somewhat remote in time, the court had repeatedly found that respondent failed to comply with the dispositional orders from either adjudication and the conditions which led to those adjudicati…
  • In re Elijah O., 83 A.D.3d 1076 (N.Y. App. Div. 2d Dep't 2011).published
  • In re Xiomara D., 96 A.D.3d 1239 (N.Y. App. Div. 3d Dep't 2012).published
Retrieving the full opinion text from the archive…
In the Matter of Amber C., an Infant. Dutchess County Department of Social Services, Respondent Charles C.
Appellate Division of the Supreme Court of the State of New York.
Mar 6, 2007.
Published opinion
38 A.D.3d 538
Cited by 74 opinions  |  Published

[*539] In a child protective proceeding pursuant to Family Court Act article 10, (1) the father and the mother separately appeal from an order of the Family Court, Dutchess County (Forman, J.), entered July 9, 2004, which found that they derivatively neglected the subject child, (2) the father appeals from an order of fact-finding and disposition of the same court, entered October 13, 2004, which, inter alia, found that the subject child was a derivatively neglected child within the meaning of Family Court Act § 1012 (f) (i) (B), placed the father under the petitioner’s supervision for a period of up to 12 months effective August 25, 2004, and placed the subject child in the petitioner’s custody for a period of up to 12 months effective August 25, 2004, and (3) the mother appeals from an order of fact-finding and disposition of the same court, also entered October 13, 2004, which, inter alia, found that the subject child was a derivatively neglected child within the meaning of Family Court Act § 1012 (f) (i) (B), placed the mother under the petitioner’s supervision for a period of up to 12 months effective August 25, 2004, and placed the subject child in the petitioner’s custody for a period of up to 12 months effective August 25, 2004.

Ordered that the appeals from the order entered July 9, 2004, are dismissed, without costs or disbursements, as the order was superseded by the orders of fact-finding and disposition; and it is further,

Ordered that the appeals from so much of the orders of fact-finding and disposition as placed the parents under the petitioner’s supervision for a period of up to 12 months and placed the subject child in the petitioner’s custody for a period of up to 12 months, effective August 25, 2004, are dismissed as academic, without costs or disbursements; and it is further,

Ordered that the orders of fact-finding and disposition are affirmed insofar as reviewed, without costs or disbursements.

The appeals from so much of the orders of fact-finding and disposition as placed the parents under the petitioner’s supervision for a period of up to 12 months and placed the subject child in the petitioner’s custody for a period of up to 12 months, effective August 25, 2004, must be dismissed as academic, as those portions of the orders have expired by their own terms (see Matter of Daqwuan G., 29 AD3d 694, 695 [2006]; Matter of Regina P., 19 AD3d 698, 699 [2005]; Matter of Dareth O., 304 AD2d 667, 668 [2003]). However, the adjudications of derivative ne[*540]gleet constitute stigmas which might indirectly affect the parents’ status in any future proceedings. Therefore, the appeals from so much of the orders of fact-finding and disposition as determined that the respective parents derivatively neglected the subject child are not academic (see Matter of Daqwuan G., supra; Matter of Regina P., supra; Matter of Dareth O., supra).

“In a child protective proceeding pursuant to Family Court Act article 10, a finding that a child is abused or neglected must be supported by a preponderance of the evidence” (Matter of Maithsa Edourd S., 27 AD3d 475, 476 [2006]; see Family Court Act § 1046 [b] [i]; Matter of Tammie Z., 66 NY2d 1, 3 [1985]). “[P]roof of the abuse or neglect of one child shall be admissible evidence on the issue of the abuse or neglect of any other child of . . . the respondent” (Family Court Act § 1046 [a] [i]). “Even in the absence of direct evidence of actual abuse or neglect of a second child, a derivative finding of neglect should be made where the evidence as to the directly abused or neglected child demonstrates such an impaired level of parental judgment as to create a substantial risk of harm for any child in their care, thereby making such a child neglected under Family Court Act § 1012 (f) (i) (B)” (Matter of Dutchess County Dept. of Social Servs. [Noreen K.], 242 AD2d 533, 534 [1997]; see Matter of Ramsay M., 17 AD3d 678, 679 [2005]). “The focus of the inquiry to determine whether derivative neglect is present is whether the evidence of abuse or neglect of one child indicates a fundamental defect in the parent’s understanding of the duties of parenthood” (Matter of Dutchess County Dept. of Social Servs. v Douglas E., 191 AD2d 694, 694 [1993]; see Matter of Diamond K., 31 AD3d 553, 554 [2006]; Matter of Maithsa Edourd S., supra; Matter of Jasmine A., 18 AD3d 546, 549 [2005]). Where the nature of the neglect, notably its duration and the circumstances surrounding its commission “ evidence [s] fundamental flaws in the respondent’s understanding of the duties of parenthood . . . the derivative finding may be justified if the prior finding was so proximate in time to the derivative proceeding, that it can reasonably be concluded that the condition still exists” (Matter of Hannah UU., 300 AD2d 942, 944 [2002] [internal quotations omitted]; see Matter of Baby Boy W., 283 AD2d 584, 585 [2001]; Matter of Cruz, 121 AD2d 901, 902-903 [1986]). “ Tn such a case, the condition is presumed to exist currently and the respondent has the burden of proving that the conduct or condition cannot reasonably be expected to exist currently or in the foreseeable future’ ” (Matter of Baby Boy W., supra at 585, quoting Matter of Cruz, supra at 903; see Matter of Hannah UU, supra at 944).

The mother and the father admitted to neglecting the subject[*541] child’s four siblings in September and November 2002 respectively, based, inter alia, on their failure to maintain a safe and sanitary home and their failure to ensure that one of the children attended school. These admissions demonstrated a “fundamental defect in the parent’s understanding of the duties of parenthood” (Matter of Dutchess County Dept. of Social Servs. v Douglas E. III, supra at 694; see Matter of Diamond K., supra at 554; Matter of Maithsa Edourd S., supra at 476; Matter of Jasmine A., supra at 549). As the findings of neglect were entered nine and seven months, respectively, prior to the subject child’s birth and the commencement of this derivative neglect proceeding, “the prior finding was so proximate in time to the derivative proceeding, that it can reasonably be concluded that the condition still exists” (Matter of Hannah UU., supra at 944; see Matter of Baby Boy W., supra at 585). Thus, the condition “is presumed to exist currently and [the parents] ha[d] the burden of proving that the conduct or condition cannot reasonably be expected to exist currently or in the foreseeable future’ ” (Matter of Baby Boy W., supra at 585, quoting Matter of Cruz, supra at 903; see Matter of Hannah UU., supra at 944). While the evidence established that the parents did improve the condition of their home, they failed to meet their burden of demonstrating that the circumstances leading to the prior findings “cannot reasonably be expected to exist currently or in the foreseeable future’ ” (Matter of Baby Boy W., supra at 585, quoting Matter of Cruz, supra at 903; see Matter of Hannah UU., supra at 944). Additionally, the parents’ failure to complete the programs required of them by the prior orders of disposition and the recommendations made following the resulting evaluations support the Family Court’s determination (see Matter of Jocelyn S., 30 AD3d 273, 273 [2006]; Matter of Hunter YY., 18 AD3d 899, 899-900 [2005]; Matter of Sharonda S., 301 AD2d 532, 534 [2003]; Matter of Daequan FF., 243 AD2d 922, 922-923 [1997]; see also Matter of Marquise EE., 257 AD2d 699, 701 [1999]; cf. Matter of Keith JJ., 295 AD2d 644, 647 [2002]).

The appellants’ remaining contentions are unpreserved for appellate review or without merit. Crane, J.E, Krausman, Fisher and Dickerson, JJ., concur.