Neglected Child Legal Definition In New York
New York Family Court Act 1012(f)(i) defines a "neglected child" as:
a child less than eighteen years of age whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent exercise a minimum degree of care:
(A) in supplying the child with adequate food, clothing, shelter or education in accordance with the provisions of part one of article sixty-five of the education law, or medical, dental, optometrical or surgical care...;or
(B) in providing the child with proper supervision or guardianship... With respect to the mother, ACS has moved this Court for a finding that these infant twins have been derivatively neglected by their mother, based upon this Court's prior findings of neglect of her other children.
New York Family Court Act 1046(a)(i):
Proof of abuse or neglect of one child shall be admissible evidence on the issue of the abuse or neglect of any other subject child.In Amber C., 38 AD3d 538, 540, 831 N.Y.S.2d 478 (2nd Dept. 2007) the Second Department held:
"Where the nature of child neglect, notably its duration and the circumstances surrounding its commission, evidences fundamental flaw in the parent's understanding of the duties of parenthood...the derivative finding may be justified, if the prior finding was so proximate in time that it can be reasonably be concluded that the condition still exists. ( Matter of Hannah UU, 300 AD2d 942, 753 N.Y.S.2d 168 (3d Dept. 2002); Matter of Baby Boy W., 283 AD2d 584, 724 N.Y.S.2d 494 (2nd Dept. 2001); Matter of Cruz, 121 AD2d 901, 503 N.Y.S.2d 798 (1st Dept. 1986).
In such a case the condition is presumed to exist currently, and parent has the burden of proving that the conduct or condition cannot be reasonably be expected to exist currently or in the foreseeable future.'" (Matter Baby Boy W., supra at 584; Matter of Cruz, supra at 902-902; Matter of Hannah UU, supra at 944).