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In Re Messiah C.

New York Supreme Court Appellate Division, First Department


May 3, 2012

IN RE MESSIAH C., ETC., A DEPENDENT CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., AND LAVERNE C., RESPONDENT-APPELLANT, NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT.

Matter of Matter of Messiah C. (Laverne C.)

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.

Decided on May 3, 2012

Saxe, J.P., Sweeny, Moskowitz, Freedman, Manzanet-Daniels, JJ.

Order, Family Court, New York County (Clark V. Richardson, J.), entered on or about January 12, 2011, which, after a fact-finding hearing, determined that respondent had derivatively neglected the subject child, unanimously affirmed, without costs.

The finding of derivative neglect was supported by a preponderance of the evidence (see Family Court Act § 1046[b][i]; In re Tammie Z., 66 NY2d 1, 3 [1985]). The record shows that respondent mother had a thirteen year history of abusing illegal narcotics, and that due to her addiction, her three older children had been removed from her care and her parental rights to one of the children were terminated. The record also showed that the mother had continued to use drugs until at least May 2009, halfway through her pregnancy with the subject child, and that she had dropped out of a drug treatment program only two months before his birth.

That the mother subsequently enrolled herself in an in-patient program two weeks before the child's birth is commendable, but does not outweigh her significant history. The relevant time period for assessing the risk to the child is when the petition is filed (see Matter of Brianna R. [Marisol G.], 78 AD3d 437, 438 [2010], lv denied, 16 NY3d 702 [2011]), and the petition was filed when the child was two weeks old. Thus, given the brief period between respondent's last drug use and the child's birth, the court properly found that the child was at risk of neglect based on the mother's extensive history of drug abuse (see FCA § 1046[a][i]; Matter of Noah Jeremiah J. v Kimberly J., 81 AD3d 37, 42 [2010]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 3, 2012

CLERK

20120503

© 1992-2012 VersusLaw Inc.



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