Opinion
2013-03-13
In the Matter of SALVATORE M. (Anonymous). Suffolk County Department of Social Services, respondent; Nicole M. (Anonymous), appellant; Thomas M. (Anonymous), nonparty.
Thomas F. Liotti, Garden City, N.Y. (Lucia Maria Ciaravino of counsel), for appellant. Dennis M. Brown, Acting County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), for respondent.
Thomas F. Liotti, Garden City, N.Y. (Lucia Maria Ciaravino of counsel), for appellant. Dennis M. Brown, Acting County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), for respondent.
Chas G. Cancellare, Hauppauge, N.Y., attorney for the child.
Thomas M., Babylon, N.Y., nonparty pro se.
MARK C. DILLON, J.P., DANIEL D. ANGIOLILLO, JOHN M. LEVENTHAL, and SANDRA L. SGROI, JJ.
In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals from (1) an order of the Family Court, Suffolk County (Loguercio, J.), dated November 18, 2011, which, after a fact-finding hearing, found that she had neglected the subject child, and (2) an order of disposition of the same court datedDecember 22, 2011, which, after a dispositional hearing, inter alia, directed her to obtain a mental health evaluation and follow the recommended treatment.
ORDERED that the orders are affirmed, without costs or disbursements.
The Family Court's determination that the mother neglected the child is supported by a preponderance of the credible evidence ( seeFamily Ct. Act §§ 1012[f][i][B]; 1046[b][i] ). The evidence offered at the hearing established that the mother made repeated unfounded allegations of abuse against the father, resulting in the child undergoing multiple medical examinations and being interviewed by police officers and caseworkers. On certain occasions, the mother also withheld visitation from the father. After the child was removed from the mother's care, she continued to relentlessly scrutinize the child for signs of abuse during her supervised visitations with the child. Contrary to the mother's contentions, her actions were not those of a reasonable and prudent parent ( see Matter of Afton C. [ James C. ], 17 N.Y.3d 1, 9, 926 N.Y.S.2d 365, 950 N.E.2d 101;Nicholson v. Scoppetta, 3 N.Y.3d 357, 370, 787 N.Y.S.2d 196, 820 N.E.2d 840). The mother failed to exercise a minimum degree of care in providing the child with proper supervision or guardianship ( see Nicholson v. Scoppetta, 3 N.Y.3d at 370, 787 N.Y.S.2d 196, 820 N.E.2d 840;Matter of Kevin M.H. [ Kenneth H. ], 76 A.D.3d 1015, 908 N.Y.S.2d 109; Matter of Morgan P., 60 A.D.3d 1362, 875 N.Y.S.2d 401;Matter of Daniel D., 57 A.D.3d 444, 870 N.Y.S.2d 287;Matter of Andrew B., 49 A.D.3d 638, 854 N.Y.S.2d 157;Matter of Ramazan U., 303 A.D.2d 516, 517, 756 N.Y.S.2d 442).
The order of disposition, which required the mother to undergo a mental health evaluation, was in the best interests of the child ( see Matter of Carlena B., 61 A.D.3d 752, 877 N.Y.S.2d 197;Matter of Lemar H., 23 A.D.3d 383, 384, 806 N.Y.S.2d 80).