| Matter of Liarah H. (Dora S.) |
| 2013 NY Slip Op 07665 [111 AD3d 514] |
| November 19, 2013 |
| Appellate Division, First Department |
| In the Matter of Liarah H., a Child Alleged to be Neglected.Dora S., Appellant; Commissioner of Social Services of the City of New York,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman ofcounsel), for respondent. Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg ofcounsel), attorney for the child.
Order of disposition, Family Court, New York County (Douglas E. Hoffman, J.),entered on or about December 24, 2012, which, upon a fact-finding determination ofneglect, placed the child with petitioner until the completion of the next permanencyhearing, unanimously affirmed, insofar as it brings up for review the fact-findingdetermination, and the appeal therefrom otherwise dismissed as moot, all without costs.Appeal from fact-finding order, same court (Rhoda J. Cohen, J.), entered on or aboutAugust 29, 2012, unanimously dismissed, without costs, as superseded by the appealfrom the order of disposition.
The finding of neglect against respondent mother is supported by a preponderance ofthe evidence. Although referred for substance abuse and mental services, the motherfailed to attend, citing a lack of a substance abuse problem, although she admitting tosmoking marijuana, but "not all the time" in her daughter's presence, and drinking to thepoint of black out on a recent occasion. Further, on that occasion, the mother became sointoxicated that she was psychiatrically hospitalized for an "alcohol induced mentaldisorder." A single incident in which a parent's "judgment was strongly impaired and thechild exposed to a risk of substantial harm" can sustain a finding of neglect (see Matter of Isaiah M. [AntoyaM.], 96 AD3d 516, 517 [1st Dept 2012]).
We reject the mother's contention that she did not neglect the child on the occasionswhen she used drugs or alcohol, because she provided proper supervision by leaving herdaughter with others, including her maternal grandmother. However, the record indicatesthat the child was present on some occasions. Further, the maternal grandmother had ahistory of yearly [*2]psychiatric hospitalizations resultingfrom failure to take her medications (see Matter of Messiah T. [Karen S.], 94 AD3d 566 [1stDept 2012]).
The agency also showed, by a preponderance of the evidence, that if the "child werereleased to the mother there would be a substantial probability of neglect" that wouldplace the child at risk, since the then 18-year-old mother testified that she herself hadbeen diagnosed with bipolar disorder at age 12 or 13 years old, and had ceased takingany medication to treat it. Further, the record establishes that the mother had beenhospitalized twice for suicide attempts (see Matter of Kazmir K., 63 AD3d 522 [1st Dept 2009];Matter of Messiah T., 94 AD3d at 566). Since the consequences of theproceedings are temporary rather than permanent, "the absence of a diagnosed conditiondoes not preclude a finding of neglect," and expert testimony was not required (seeMatter of Danielle M., 151 AD2d 240, 243 [1st Dept 1989]; Matter of Jonathan S. [IsmeldaS.], 79 AD3d 539 [1st Dept 2010]). Concur—Mazzarelli, J.P., Saxe,Moskowitz, DeGrasse and Gische, JJ.