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In re Daniel R.

February 9, 2010

IN THE MATTER OF DANIEL R. (ANONYMOUS).
ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT; AND LUCILLE R. (ANONYMOUS), APPELLANT, ET AL., RESPONDENT. (PROCEEDING NO. 1)
IN THE MATTER OF DARREN R. (ANONYMOUS), JR.
ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT; AND LUCILLE R. (ANONYMOUS), APPELLANT, ET AL., RESPONDENT. (PROCEEDING NO. 2)
IN THE MATTER OF DENISE R. (ANONYMOUS).
ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT; AND LUCILLE R. (ANONYMOUS), APPELLANT, ET AL., RESPONDENT. (PROCEEDING NO. 3)
IN THE MATTER OF DEVONTE R. (ANONYMOUS).
ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT; AND LUCILLE R. (ANONYMOUS), APPELLANT, ET AL., RESPONDENT. (PROCEEDING NO. 4)
IN THE MATTER OF LARISSA R. (ANONYMOUS).
ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT; AND LUCILLE R. (ANONYMOUS), APPELLANT, ET AL., RESPONDENT. (PROCEEDING NO. 5)
IN THE MATTER OF LAUREN R. (ANONYMOUS).
ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT; AND LUCILLE R. (ANONYMOUS), APPELLANT, ET AL., RESPONDENT. (PROCEEDING NO. 6)
IN THE MATTER OF LORENZO R. (ANONYMOUS).
ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT; AND LUCILLE R. (ANONYMOUS), APPELLANT, ET AL., RESPONDENT. (PROCEEDING NO. 7)

IN THE MATTER OF DARREN R. (ANONYMOUS), SR., PETITIONER-RESPONDENT, ACS KINGS, ET AL., RESPONDENTS, LUCILLE R. (ANONYMOUS), APPELLANT. (PROCEEDING NO. 8)



In a child custody proceeding pursuant to Family Court Act article 6, and related neglect proceedings pursuant to Family Court Act article 10, the mother appeals (1), as limited by her brief, from so much of a fact-finding order of the Family Court, Kings County (Hamill, J.), dated July 5, 2006, as, after a hearing, found that George D. sexually abused the children Denise R. and Larissa R., and that she failed to protect Denise R. and Larissa R. from the abuse and derivatively neglected the children Darren R., Jr., Devonte R., Lauren R., Daniel R., and Lorenzo R., (2), as limited by her brief, from stated portions of an order of disposition of the same court dated October 27, 2008, which, inter alia, after a combined custody and dispositional hearing, released the children Daniel R. and Lauren R. to the custody of the father Darren R., Sr., and (3) from an order of the same court, also dated October 27, 2008, which, after a combined custody and dispositional hearing, granted the petitions of Darren R., Sr., for custody of Daniel R. and Lauren R.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

STEVEN W. FISHER, J.P., ANITA R. FLORIO, ARIEL E. BELEN & LEONARD B. AUSTIN, JJ.

(Docket Nos. N-34989-03, N-34990-03, N-34991-03, N-34992-03, N-34993-03, N-34994-03, N-34995-03, V-23320/05, V-23325/05)

DECISION & ORDER

ORDERED that the appeal from so much of the fact-finding order as relates to Daniel R. and Lauren R., is dismissed, without costs or disbursements, as those portions of the fact-finding order were superseded by the order of disposition and are brought up for review on the appeal from the order of disposition; and it is further,

ORDERED that the fact-finding order is affirmed insofar as reviewed, without costs or disbursements; and it is further,

ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements; and it is further,

ORDERED that the order granting the petition of Darren R., Sr., for custody of Daniel R. and Lauren R. is affirmed, without costs or disbursements.

The mother, Lucille R., has 7 children, Denise R., Larissa R., Darren R., Jr., Devonte R.(hereinafter Devon), Lauren R., Daniel R., and Lorenzo R. (also referred to as Lorenzo D.). Darren R., Sr. (hereinafter the father), is the legal father of the eldest six children, Denise R., Larissa R., Darren R., Jr., Devon R., Lauren R., and Daniel R. The father of Lorenzo R. is George D.

In November 2003 an abuse and neglect proceeding was commenced against the mother, and her live-in companion, George D., based upon allegations that George D. sexually abused Denise and Larissa and the mother did not protect them from the abuse, and that unsanitary conditions were maintained in the home. In the fact-finding order, the Family Court, after a hearing, found that the allegations of abuse and neglect were sustained against George D. and the mother.

Thereafter, on August 24, 2006, the father was awarded temporary custody of Darren and Devon upon the mother's consent. On October 5, 2006, the father was awarded permanent custody of Darren and Devon upon the mother's consent, and the case was closed with respect to Denise and Larissa because they had reached the age of 18 years or were approaching the age of 18 years. On January 31, 2007, the father was awarded temporary custody of Daniel and Lauren.

In the order of disposition appealed from, the Family Court, after a combined custody and dispositional hearing, released Daniel and Lauren to the custody of their father and awarded the mother unsupervised visitation. In the third order appealed from, the Family Court granted the father's petition for custody of Daniel and Lauren and awarded the mother unsupervised visitation.

On appeal, the mother claims that the conduct of George D. did not constitute sexual abuse, the allegations against her were not sustained, and the evidence did not establish that releasing Daniel and Lauren to ...


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