Opinion
2022–01089 , 2022–01089 Docket Nos. N–9429–19, N–9430–19
05-31-2023
In the MATTER OF ZANIAH T. (Anonymous). Administration for Children's Services, respondent; v. Deshaun T. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jayden T. (Anonymous). Administration for Children's Services, respondent; v. Deshaun T. (Anonymous), appellant. (Proceeding No. 2)
Jacqueline Cabrera, Jamaica, NY, for appellant. Sylvia O. Hinds–Radix, Corporation Counsel, New York, NY (Claude S. Platton and Jessica Miller of counsel; Evan Weinstein on the brief), for respondent. Twyla Carter, New York, NY (Dawne Mitchell and Diane Pazar of counsel), attorney for the child Zaniah T. Heath J. Goldstein, Jamaica, NY, attorney for the child Jayden T.
Jacqueline Cabrera, Jamaica, NY, for appellant.
Sylvia O. Hinds–Radix, Corporation Counsel, New York, NY (Claude S. Platton and Jessica Miller of counsel; Evan Weinstein on the brief), for respondent.
Twyla Carter, New York, NY (Dawne Mitchell and Diane Pazar of counsel), attorney for the child Zaniah T.
Heath J. Goldstein, Jamaica, NY, attorney for the child Jayden T.
ANGELA G. IANNACCI, J.P., PAUL WOOTEN, BARRY E. WARHIT, LILLIAN WAN, JJ.
DECISION & ORDER
In related proceedings pursuant to Family Court Act article 10, the father appeals from (1) an order of fact-finding and disposition of the Family Court, Kings County (Erik S. Pitchal, J.), dated November 8, 2021, and (2) an order of fact-finding of the same court also dated November 8, 2021. The order of fact-finding and disposition, insofar as appealed from, after a fact-finding hearing, found that the father neglected the child Zaniah T. The order of fact-finding, after a fact-finding hearing, found that the father derivatively neglected the child Jayden T.
ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements; and it is further,
ORDERED that the order of fact-finding is affirmed, without costs or disbursements.
The Administration for Children's Services (hereinafter ACS) commenced these proceedings pursuant to Family Court Act article 10, alleging that the father neglected the child Zaniah T. by inflicting excessive corporal punishment on her and derivatively neglected the child Jayden T. Following a fact-finding hearing, the Family Court found that the father neglected Zaniah and derivatively neglected Jayden. The father appeals.
"In a child protective proceeding pursuant to Family Court Act article 10, the petitioner has the burden of proving neglect by a preponderance of the evidence" ( Matter of Mariliz G. [Jamie G.], 207 A.D.3d 627, 628, 170 N.Y.S.3d 505 ; see Family Ct Act § 1046[b][i] ). "Great deference is given to the Family Court's credibility determinations, as it is in the best position to assess the credibility of the witnesses having had the opportunity to view the witnesses, hear the testimony, and observe their demeanor" ( Matter of Raveena B. [Khrisend R.], 209 A.D.3d 640, 641, 175 N.Y.S.3d 340 [internal quotation marks omitted]; see Matter of Je'laya J. [Nathaniel J.], 192 A.D.3d 1030, 1031, 143 N.Y.S.3d 677 ). "Although parents have a right to use reasonable physical force against a child in order to maintain discipline or to promote the child's welfare, the use of excessive corporal punishment constitutes neglect" ( Matter of Raveena B. [Khrisend R.], 209 A.D.3d at 641, 175 N.Y.S.3d 340 [internal quotation marks omitted]; see Family Ct Act § 1012[f][i][B] ; Matter of Jaivon J. [Patricia D.], 148 A.D.3d 890, 891, 48 N.Y.S.3d 769 ).
Here, ACS established by a preponderance of the evidence that the father neglected Zaniah by inflicting excessive corporal punishment on her (see Matter of Mariliz G. [Jamie G.], 207 A.D.3d at 629, 170 N.Y.S.3d 505 ; Matter of Thaddeus R. [Gabrielle V.], 198 A.D.3d 901, 902, 156 N.Y.S.3d 305 ; Matter of Skye H. [Tianna S.], 195 A.D.3d 711, 714, 149 N.Y.S.3d 535 ). Although the father disputed the allegations, there is no basis for disturbing the Family Court's credibility determinations, which are entitled to deference and are supported by the record (see Matter of Tatianna C. [James C.], 195 A.D.3d 1014, 1015, 146 N.Y.S.3d 801 ; Matter of Alivia F. [John F.], 194 A.D.3d 709, 712, 148 N.Y.S.3d 481 ).
Moreover, a preponderance of the evidence established that Jayden was derivatively neglected. The evidence adduced at the hearing demonstrated a fundamental defect in the father's understanding of his duties as a parent and such an impaired level of parental judgment as to create a substantial risk of harm for any child in his care (see Matter of Skye H. [Tianna S.], 195 A.D.3d at 715, 149 N.Y.S.3d 535 ; Matter of Alivia F. [John F.], 194 A.D.3d at 712, 148 N.Y.S.3d 481 ).
Accordingly, the Family Court properly found that the father neglected Zaniah and derivatively neglected Jayden.
IANNACCI, J.P., WOOTEN, WARHIT and WAN, JJ., concur.