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In the Matter of DANNY R. and Others, Children Alleged to be Neglected. REBECCA M., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

The finding of neglect is supported by a preponderance of the evidence showing that the children's physical and mental health was threatened by the psychologically fragile respondent's failure to provide a minimum degree of care, needed mental health care services, and an adequate education (Family Ct Act § 1012 [f] [i] [A]; see Matter of Inbunique V., 22 AD3d 412; Matter of Dyandria D., 303 AD2d 233, lv dismissed 1 NY3d 623). The extraordinary amount of school missed by the two older children — 240 days by one and 159 days by the other from September 2004 to February 2007 — without adequate excuse and markedly compromising their education, supports Family Court's implicit finding of derivative educational neglect of the youngest, preschool-age child ( see Matter of Ember R., 285 AD2d 757, lv denied 97 NY2d 604).

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IN RE DANNY
(Mar 10, 2009)