Matter of T. D. Children

In Matter of T. D. Children (161 AD2d 464 [1st Dept 1990]), the First Department held that the Family Court erred in dismissing two derivative neglect petitions when it found that it was without power to amend petitions to include findings of neglect of two siblings. The First Department concluded that Family Court Act 1051 (b) empowers the court to amend allegations in the petition to conform to the proof and that the Family Court should have made a finding that the two younger children were neglected. (Matter of T. D. Children, supra, 161 A.D.2d at 465.)