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MATTER OF XZANDRIA B.

11477. 8/16. 8/17.

183 A.D.3d 408 (2020)

121 N.Y.S.3d 597

2020 NY Slip Op 02716

In the Matter of Xzandria B. and Another, Children Alleged to be Abused. Nasheen B., Appellant; Administration for Children's Services, Respondent, et al., Respondent.

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

Decided May 7, 2020.

A preponderance of the evidence supports the court's finding of derivative abuse (see Matter of Alexis W. [Efrain V.], 159 A.D.3d 547, 549 [1st Dept 2018]). Although there was evidence that respondent had provided daily care for the subject children, the finding that respondent sexually abused his stepdaughter, the children's half-sibling, demonstrated a fundamental defect in his understanding...

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