AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of SYNOVIA G. and Others, Children Alleged to be Neglected. ANNETTE S., Appellant; COMMISSIONER OF SOCIAL SERVICES, Respondent, et al., Respondent.

The Commissioner of Social Services charged that respondent smoked marihuana, left her grandchildren with their natural mother, a crack addict, and threatened her daughter with a meat cleaver while the children were present. Roberta Nelson, while working as a homemaker between the hours of 8:00 A.M. to 4:00 P.M., testified at the fact-finding hearing that she witnessed the above events. The respondent did not appear at the hearing.

In view of the above facts the court did not err in finding that the respondent neglected her grandchildren. (Family Ct Act § 1012 [f] [i] [B].) Proof that a caretaker repeatedly misuses a drug is prima facie evidence of neglect. (Family Ct Act § 1046 [a] [iii]; see, Matter of Theresa J., 158 A.D.2d 364.) Here, the evidence of respondent's use of marihuana, leaving the children alone with their mother, a crack user, and chasing the mother with a meat cleaver, was sufficient to support a finding of neglect under the statute.

Concur — Murphy, P.J., Sullivan, Carro, Milonas and Rubin, JJ.

Use AI to get other relevant cases.

Comments

MATTER OF SYNOVIA
(Jul 26, 1990)