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IN THE MATTER OF JANIH M. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, petitioner-appellant; v. LAVASHA M. (ANONYMOUS), ET AL., respondents-respondents; MONICA DRINANE, Law Guardian, nonparty-appellant. (Proceeding No. 1). IN THE MATTER OF RYAN W. (ANONYMOUS). ADMINISTRATION FOR CHILDREN'S SERVICES, petitioner-appellant;

DECISION ORDER

ORDERED that the order is reversed, on the law, without costs or disbursements, the motion is denied, and the matter is remitted to the Family Court, Kings County, for further proceedings consistent herewith before a different Judge.

The evidence presented as to the mother's failure to appropriately supervise her four-month-old twins, her temporary renunciation of them, her use of corporal punishment on the seven-and five-year-old children, and testimony that she left her four youngest children home alone under the supervision of their seven-year-old sister, was sufficient to establish that the children were at imminent risk of harm. Accordingly, the Family Court erred in granting the mother's motion for the return of her children. In light of the evidence, the safer course is to not return the children to their mother's custody pending a full fact-finding hearing ( see Matter of Robert H., 307 A.D.2d 293; Matter of Marcos O., 270 A.D.2d 270; Matter of Child Welfare Admin. v. Danielle R., 225 A.D.2d 692).

RITTER, J.P., TOWNES, MASTRO and SKELOS, JJ., concur.

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IN THE MATTER OF JANIH M
(Jun 7, 2004)