Karen S. v. Admin. for Children's Servs. (In re Messiah T.)

Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the children.

Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about August 16, 2010, which, to the extent appealed from as limited by the briefs, brings up for review a fact-finding determination that respondent mother had neglected the subject children, unanimously affirmed, without costs.

A preponderance of the evidence supports the finding that respondent neglected the children by failing to provide proper supervision or guardianship ( see Family Ct. Act § 1012[f][i][B] ). Indeed, respondent admitted that she had left the children in the care of their maternal grandmother, who had a history of drug addiction, and her ex-boyfriend, who had a history of drug abuse and domestic violence, and was on parole for drug possession ( see Matter of Victor V., 261 A.D.2d 479, 479–480, 690 N.Y.S.2d 129 [1999], lv. denied 93 N.Y.2d 819, 697 N.Y.S.2d 566, 719 N.E.2d 927 [1999]; Matter of Synovia G., 163 A.D.2d 257, 558 N.Y.S.2d 539 [1990] ). In addition, respondent acknowledged that she was a recreational drug user and admitted testing positive for narcotics. Although respondent was enrolled in a drug treatment program, the record shows that she tested positive for drug use while participating in the program, thereby establishing imminent risk to the children's physical, mental and emotional condition ( see Family Ct. Act § 1012[f][i][B]; Matter of Keira O., 44 A.D.3d 668, 670–671, 844 N.Y.S.2d 344 [2007] ). The finding of neglect is also supported by evidence that respondent was aggressive with petitioner's staff, and had failed to continue treatment for her mental illness despite suicidal thoughts ( see Matter of Kayla W., 47 A.D.3d 571, 572, 850 N.Y.S.2d 86 [2008]; Matter of Caress S., 250 A.D.2d 490, 673 N.Y.S.2d 123 [1998] ).