Summary
In Matter of Eli G., 189 AD2d 764 (2nd Dep't 1993), the Court upheld a derivative finding of neglect as to the two younger children where the evidence established that the mother's excessive corporal punishment of the older child was not an isolated incident but a pattern of discipline.
Summary of this case from Samuel W. v. Luemay F. (In re Proceeding Under Article 10 of the Family Court Act)Opinion
January 11, 1993
Appeal from the Family Court, Kings County (Palmer, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
The Family Court properly determined that the appellant abused Jean, Jr. The evidence adduced at the fact-finding hearing established that the appellant flogged Jean, Jr. with an electrical cord, resulting in bruises and lacerations to most of Jean, Jr.'s back (see, Matter of Ely P., 167 A.D.2d 473; Matter of Chianti FF., 163 A.D.2d 688; Matter of John G., 89 A.D.2d 704). The Family Court also properly determined that Eli and Eloide were derivatively abused children since there was a danger that these children would be subject to the same type of corporeal punishment as they grew older (see, Matter of Ely P., supra; Matter of James P., 137 A.D.2d 461; Matter of Christina Maria C., 89 A.D.2d 855).
There is no merit to the appellant's contention that he should have been permitted to show that Jean, Jr. was "clearly distinctive from the rest of the household". The issues in a derivative determination are proximity in time to the underlying abuse and whether the parent has shown a change in the behavior that caused the underlying abuse (see, Matter of Ely P., supra; Matter of Christina Maria C., supra). The evidence in this case established that the whipping was not an isolated incident but a pattern of discipline that the appellant felt was justified. Further, Jean, Jr.'s alleged behavior, even if substantiated, was simply no excuse for the appellant's physical abuse. Under these circumstances, it was certainly reasonable for the Family Court to infer ongoing danger to all the children (see, Matter of Christina Maria C., supra).
We have examined the appellant's remaining contentions and find them to be without merit. Sullivan, J.P., Balletta, Eiber and Santucci, JJ., concur.