Matter of Jasiah B.

Appellate Division of the Supreme Court of New York

Matter of Jasiah B.

132 A.D.3d 443, 19 N.Y.S.3d 409

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 8, 2015

Docket15829 15828

StatusPublished

This text of 132 A.D.3d 443 (Matter of Jasiah B.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Jasiah B., 132 A.D.3d 443, 19 N.Y.S.3d 409 (N.Y. Ct. App. 2015).

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Opinion

Order of disposition, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about August 7, 2014, to the extent it brings up for review a fact-finding order, same court and Judge, entered on ór about August 7, 2014, which, after a hearing, determined that respondent mother had neglected the subject child, unanimously affirmed, without costs. Appeal from fact-finding order unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.

A preponderance of the evidence establishes that there was a *444 “substantial probability” that the teenage mother’s untreated psychiatric condition and substance abuse problems would place the newborn child at imminent risk of harm if he were released to her (see Matter of Liarah H. [Dora S.], 111 AD3d 514, 515 [1st Dept 2013]; Family Ct Act § 1012 [f]). The finding of neglect was further supported by evidence that, during her pregnancy, the mother failed to plan for the care of the child and was frequently absent without leave from the residential facility where she had been placed as a result of a juvenile delinquency proceeding.

The court properly drew a negative inference against the mother based on her failure to testify, and her failure to appear at the fact-finding hearing on several dates (see Matter of Aria E. [Lisette B.], 82 AD3d 427, 428 [1st Dept 2011]).

Concur — Friedman, J.P., Andrias, Saxe, Gische and Kapnick, JJ.

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Order of disposition, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about August 7, 2014, to the extent it brings up for review a fact-finding order, same court and Judge, entered on ór about August 7, 2014, which, after a hearing, determined that respondent mother had neglected the subject child, unanimously affirmed, without costs. Appeal from fact-finding order unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.

A preponderance of the evidence establishes that there was a *444 “substantial probability” that the teenage mother’s untreated psychiatric condition and substance abuse problems would place the newborn child at imminent risk of harm if he were released to her (see Matter of Liarah H. [Dora S.], 111 AD3d 514, 515 [1st Dept 2013]; Family Ct Act § 1012 [f]). The finding of neglect was further supported by evidence that, during her pregnancy, the mother failed to plan for the care of the child and was frequently absent without leave from the residential facility where she had been placed as a result of a juvenile delinquency proceeding.

The court properly drew a negative inference against the mother based on her failure to testify, and her failure to appear at the fact-finding hearing on several dates (see Matter of Aria E. [Lisette B.], 82 AD3d 427, 428 [1st Dept 2011]).

Concur — Friedman, J.P., Andrias, Saxe, Gische and Kapnick, JJ.

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132 A.D.3d 443, 19 N.Y.S.3d 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-jasiah-b-nyappdiv-2015.

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