The Third Department, reversing Family Court, determined the derivative neglect was not supported by the evidence:
Here, the proof relied upon by petitioner to support its claim of derivative neglect — namely, 1999 and 2010 indicated hotline reports involving different children — was insufficient to support a finding of derivative neglect. Neither the 1999 report nor the 2010 report resulted in a finding of neglect against respondent … . Moreover, the conduct that formed the basis for each of the indicated reports failed to demonstrate that respondent’s understanding of the responsibilities accompanying parenthood were fundamentally flawed at the time of this proceeding … . In addition to its remoteness, the 1999 report was made against the biological parents of the child who was the subject of the report, as well as respondent, who was temporarily residing with the biological parents of the child at the age of 18, and did not conclusively establish which of the three adults had engaged in the conduct giving rise to the indicated findings. The 2010 report was indicated against respondent and his then-paramour for inadequate guardianship based on the children witnessing domestic violence, conduct that may not necessarily form the basis for a neglect finding … . Accordingly, inasmuch as petitioner failed to satisfy its burden of proof, Family Court’s finding of neglect cannot stand. Matter of Choice I. (Warren I.), 2016 NY Slip Op 07899, 3rd Dept 11-23-16
FAMILY LAW (DERIVATIVE NEGLECT FINDING REVERSED)/NEGLECT (DERIVATIVE NEGLECT FINDING REVERSED