From Casetext: Smarter Legal Research

In the Matter of Ramsay

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 2005
17 A.D.3d 678 (N.Y. App. Div. 2005)

Opinion

2003-08924.

April 25, 2005.

In a child protective proceeding pursuant to Family Court Act article 10, the Commissioner of the Administration for Children's Services of the City of New York appeals from an order of the Family Court, Queens County (Richardson-Thomas, J.), dated September 25, 2003, which, after a fact-finding hearing, dismissed the petition alleging, in effect, that the child Ramsay M. was derivatively neglected by the respondents Olga P. and Christian C., based upon the sexual abuse of the child Jessica A. by Christian C.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Leonard Koerner and Francis F. Caputo of counsel; Kristina Cherewatti on the brief), for appellant.

Albino Testani, Jamaica, N.Y., for respondent Olga P. Anne Dorfman, Jamaica, N.Y., for respondent Christian C.

Seymour Zager, New York, N.Y., Law Guardian for the child.

Before: S. Miller, J.P., Ritter, Goldstein and Lifson, JJ., concur.


Ordered that the order is reversed, on the law, without costs or disbursements, the petition alleging, in effect, that the child Ramsay M. was derivatively neglected by the respondents Olga P. and Christian C. is granted, and the matter is remitted to the Family Court, Queens County, for a dispositional hearing.

Family Court Act § 1046 (a) (i) provides that "proof of the abuse or neglect of one child shall be admissible evidence on the issue of the abuse or neglect of any other child of, or the legal responsibility of, the respondent." "Even in the absence of direct evidence of actual abuse or neglect of a second child, a derivative finding of neglect should be made where the evidence as to the directly abused or neglected child demonstrates such an impaired level of parental judgment as to create a substantial risk of harm for any child in their care, thereby making such a child neglected under Family Court Act § 1012 (f) (i) (B)" ( Matter of Brittney C., 242 AD2d 533, 534).

In this case, the sexual abuse of Jessica A. by Christian C., as well as the neglect of Jessica A. by Olga P., clearly demonstrates that such a situation exists with respect to the child Ramsay M. Thus, the petition alleging, in effect, that the child Ramsay M. was derivatively neglected by the respondents Olga P. and Christian C. should have been granted, and the matter must be remitted to the Family Court, Queens County, for a dispositional hearing.


Summaries of

In the Matter of Ramsay

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 2005
17 A.D.3d 678 (N.Y. App. Div. 2005)
Case details for

In the Matter of Ramsay

Case Details

Full title:In the Matter of RAMSAY M., a Child Alleged to be Neglected. COMMISSIONER…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 25, 2005

Citations

17 A.D.3d 678 (N.Y. App. Div. 2005)
794 N.Y.S.2d 105

Citing Cases

In re Jelani

Here, contrary to the petitioner's contention, the Family Court properly declined to make such an inference (…

Rockland Cnty. Dep't of Soc. Servs. v. Moishe T. (In re Chavah T.)

The petitioner appeals from stated potions of the order dated February 9, 2012, and we reverse the order…