IN RE SOPHIA P

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Docket Number

No. 2007-11116, (Docket Nos. N-04066-06, N-04067-06, N-04068-06).

Attorney(S)

Yasmin Daley Duncan, Brooklyn, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Dona B. Morris of counsel), for petitioner-respondent. Steven Banks, New York, N.Y., attorney for the children.

Judges

Mark C. Dillon
Randall T. Eng
L. Priscilla Hall

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In the Matter of SOPHIA P., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; EMAN C., Appellant, et al., Respondent. (Proceeding No. 1.) In the Matter of SAMANTHA J., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; EMAN C., Appellant, et al., Respondent. (Proceeding No. 2.) In the Matter of CHRISTINA J., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; EMAN C., Appellant, et al., Respondent. (Proceeding No. 3.)

Ordered that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

The Family Court's finding of neglect as to Christina J. and Samantha J., based on the mother locking them out of her home overnight, and locking Samantha J. in a room while she left the home to go to the bank, is supported by a preponderance of the evidence ( see Family Ct Act § 1012 [f] [i] [B]; § 1046 [b] [i]). Furthermore, because the mother's conduct toward Christina J. and Samantha J. demonstrated a fundamental defect in her understanding of parental duties relating to the care of children, there was sufficient evidence to make a finding of derivative neglect as to Sophia P. ( see Family Ct Act § 1046 [a] [i]; Matter of Amber C., 38 AD3d 538).

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