MATTER OF BRIANNA R.

3563.

78 A.D.3d 437 (2010)

910 N.Y.S.2d 71

In the Matter of BRIANNA R., a Child Alleged to be Neglected. MARISOL G., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 9, 2010.


The Family Court properly determined that petitioner proved by a preponderance of the evidence that Brianna was derivatively neglected by the mother. Indeed, the conduct which formed the basis of the prior neglect finding, namely the mother's leaving her nine-month-old infant in a bathtub with running water without adequate supervision, resulting in the infant's death, evinced an impaired level of parental judgment so as to create a substantial risk of harm for any child...

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