Matter of Jamari R.
Opinion
It appears you are using Adblock. Please disable Adblock to best experience our website.
Bureau Thomas J.K. Smith, State Reporter
Matter of Jamari R.
2026 NY Slip Op 04655
July 24, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
IN THE MATTER OF JAMARI R. ------------------------------------------- MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, PETITIONER-RESPONDENT; LINDA R., RESPONDENT, AND DIAMOND R., RESPONDENT-APPELLANT.
Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Decided on July 24, 2026
475 CAF 24-01157
Present: Whalen, P.J., Lindley, Ogden, Nowak, And Delconte, JJ.
FRANCIS WM. TESSEYMAN, JR., ORCHARD PARK, FOR RESPONDENT-APPELLANT.
MATTHEW SCHWARTZ, ACTING COUNTY ATTORNEY, ROCHESTER (MARY WHITESIDE OF COUNSEL), FOR PETITIONER-RESPONDENT.
MAUREEN N. POLEN, ROCHESTER, ATTORNEY FOR THE CHILD.
Appeal from an order of the Family Court, Monroe County (Kristine Demo-Vazquez, J.), entered July 15, 2024, in a proceeding pursuant to Family Court Act article 10. The order, among other things, adjudged that respondent Diamond R. had neglected the subject child.
[*1]It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this proceeding pursuant to Family Court Act article 10, respondent mother appeals from an order of fact-finding and disposition that, inter alia, determined that the mother neglected the subject child. Contrary to the mother's contention, there is a sound and substantial basis in the record for Family Court's determination.
Pursuant to Family Court Act § 1012 (f) (i) (B), a neglected child is, as relevant here, one "whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of [the] parent . . . to exercise a minimum degree of care" in, among other things, "providing the child with proper supervision or guardianship." In determining whether a parent exercised a minimum degree of care, the court must consider what "a reasonable and prudent parent [would have done] . . . under the circumstances then and there existing" (Nicholson v Scoppetta, 3 NY3d 357, 370 [2004]; see Matter of Cameron J.S. [Elizabeth F.], 214 AD3d 1355, 1356-1357 [4th Dept 2023], lv denied 39 NY3d 915 [2023]). Here, although petitioner presented limited evidence in support of the petition, a caseworker testified that, despite the mother's belief that the subject child had sexually abused his sibling, the mother did not seek services or assistance for the subject child, an action a reasonably prudent parent would have been expected to take under the circumstances, but instead expelled him from the home (see Matter of Afton C. [James C.], 17 NY3d 1, 9 [2011]; Nicholson, 3 NY3d at 370). Petitioner also presented evidence that the mother refused preventive services offered by petitioner upon the subject child's placement in foster care and denied the need for such services, indicating an intent to abdicate her parental obligations (see Matter of Evan T. [Shaquela T.], 155 AD3d 964, 966 [2d Dept 2017]; see also Matter of Mirah J.P. [Marquis P.], 213 AD3d 1219, 1220 [4th Dept 2023]; Matter of Kimberly F. [Maria F.], 146 AD3d 562, 563 [1st Dept 2017], lv denied 29 NY3d 902 [2017]; see generally Matter of Annastasia C. [Carol C.], 78 AD3d 1579, 1580 [4th Dept 2010], lv denied 16 NY3d 708 [2011]). We conclude that petitioner made a prima facie case that, when combined with the court's proper determination to draw "the strongest possible negative inference[ ]" against the mother for failing to testify at the fact-finding hearing, provides a sound and substantial basis for the finding of neglect (Matter of Ariana F.F. [Robert E.F.], 202 AD3d 1440, 1442 [4th Dept 2022]; see Matter of Noah C. [Greg C.], 192 AD3d 1676, 1678 [4th Dept 2021]).
Entered: July 24, 2026
Ann Dillon Flynn
Clerk of the Court
Links to or from other sites do not signify endorsement or relationship with them.
Free access — add to your briefcase to read the full text and ask questions with AI
Matter of Jamari R. (Matter of Jamari R.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.