Matter of Jaivon J. (Patricia D.) (2017)

A review of the record reveals corroboration of the child's statements from a variety of sources, including the mother's assertions that upon the police releasing the child to her, she would subject the child to excessive corporal punishment ( see Matter of Jaivon J. [Patricia D.] , 148 AD3d 890, 892 [2d Dept 2017]; Matter of Michael W. , 263 AD2d 684, 685 [3d Dept 1999]).

See Chayo v. Kaladjian, 844 F. Supp. 163, 169 (S.D.N.Y. 1994) (“[T]he mere fact that no evidence of abuse was discovered at the home was not a basis for concluding there was no imminent danger.”); In re Jaivon J., 48 N.Y.S.3d 769, 771 (N.Y.

Although the use of excessive corporal punishment constitutes neglect (see § 1012 [f] [i] [B]), a parent has the right to use reasonable physical force to instill discipline and promote the child’s welfare (see Matter of Jaivon J. [Patricia D.], 148 AD3d 890, 891 [2d Dept 2017]).

Here, contrary to the Family Court’s determination, viewing the evidence in the light most favorable to the petitioner and affording it the benefit of every favorable inference which could be reasonably drawn from the evidence (see Matter of Jaivon J. [Patricia D.], 148 AD3d 890, 892 [2017]; Matter of Giovanni S. [Jasmin A.], 98 AD3d 1054 , 1056 [2012]), the petitioner presented a prima facie case of neglect.

In a child protective proceeding pursuant to Family Court Act article 10, the petitioner has the burden of proving neglect by a preponderance of the evidence ( see Family Ct Act §§ 1012[f][i]; 1046[b]; Nicholson v Scoppetta, 3 NY3d 357, 368 ; Matter of Brianna M. [Corbert G.], 152 AD3d 600, 601 ). " Although parents have a right to use reasonable physical force against a child in order to maintain discipline or to promote the child's welfare, the use of excessive corporal pu…