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In the Matter of Ijeoma O. (Anonymous), Nnandi O. (Anonymous), and Amaka O. (Anonymous). Administration for Children's Services, petitioner-respondent; Chika O. (Anonymous), appellant; et al., respondent.

DECISION ORDER

ORDERED that the order of disposition is modified, on the law, by deleting the provision thereof which found that the mother derivatively neglected Nnandi O. and Amaka O., and substituting therefor a provision dismissing those portions of the petition; as so modified, the order of disposition is affirmed, without costs or disbursements, and the fact-finding order is modified accordingly.

The record establishes that although the mother was aware that her daughter Ijeoma O. was emotionally disturbed and in need of professional mental health care, she failed to obtain such care for her daughter. As a result, by a preponderance of the evidence, the petitioner established that the mother neglected this child (see, Family Ct Act § 1012 [f][i], 1046 Fam. Ct. Act[b][i]; Matter of Heith S., 189 A.D.2d 875 ; Matter of Joyce SS., 234 A.D.2d 797 ; see also, Matter of Sharnetta N., 120 A.D.2d 276 ). However, the petitioner failed to provide sufficient evidence to sustain the Family Court's finding that the mother derivatively neglected her two other minor children (see, Matter of Department of Social Servs. v. Juana M., 232 A.D.2d 487 ).

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MATTER OF IJEOMA O
(Apr 24, 2000)