X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Decided and Entered: July 12, 2007 501745A/B ________________________________ In the Matter of CHRISTIAN F., Alleged to be a Neglected Child. TOMPKINS COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant; SANDRA F., Respondent. (Proceeding No. 1.) ___________________________ In the Matter of CHRISTIAN F., Alleged to be a Neglected Child. TOMPKINS COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant; SCOTT G., Respondent. (Proceeding No. 2.) ___________________________ Calendar Date: June 4, 2007 Before: Mercure, J.P., Peters, Spain, Rose and Lahtinen, JJ. __________ Margaret McCarthy, Tompkins County Department of Social Services, Ithaca, for appellant. Pamela B. Bleiwas, Ithaca, for Sandra F., respondent. Abbie Goldbas, Utica, for Scott G., respondent. Charles J. Keegan, Law Guardian, Albany. __________ Rose, J. Appeals (1) from an order of the Family Court of Tompkins County (Rowley, J.), entered June 8, 2006, which dismissed petitioner’s application, in proceeding No. 1 pursuant to Family Ct Act article 10, to adjudicate the subject child to be neglected, and (2) from an order of said court, entered June 9, 2006, which dismissed petitioner’s application, in proceeding No. 2 pursuant to Family Ct Act article 10, to adjudicate the subject child to be neglected. Petitioner commenced these neglect proceedings against respondent Sandra F. and her boyfriend, respondent Scott G., alleging that, because Scott is a convicted sex offender and Sandra knew this, Scott’s presence in the home of Sandra and her grandchild (who was born in 2003 and had been in Sandra’s custody since June 2004) posed a risk of harm and constituted neglect. Following a fact-finding hearing, Family Court dismissed the petition against Sandra after concluding that she had kept Scott away from the child, terminated her relationship with him in September 2005 and remained apart from him thereafter. The court also dismissed the petition against Scott after finding that he had not been legally responsible for the care of the child at any time. Petitioner appeals. Inasmuch as Family Court’s oral decision on the record was thorough, well-reasoned and set forth findings of fact which are appropriate to permit effective appellate review, we perceive no merit in petitioner’s initial argument that the court failed to adequately state its findings (see Matter of Jose L.I., 46 NY2d 1024, 1025 [1979]; Matter of Gregory AA., 20 AD3d 726, 728 [2005]). “According ‘great deference to [Family Court's] factual findings, which will only be disturbed if they lack a sound and substantial basis in the record’” (Matter of Senator NN. [Donna NN.], 11 AD3d 771, 772 [2004], quoting Matter of Nicole VV. [Grace VV. - John Z.], 296 AD2d 608, 611 [2002], lv denied 98 NY2d 616 [2002] [citations omitted]), we affirm. While it is certainly true that the exposure of a child to a known sex offender can constitute neglect (see e.g. Matter of Alaina E. [Melinda E.], 33 AD3d 1084, 1085-1086 [2006]; Matter of Christopher JJ. [Kimberly JJ.], 281 AD2d 720, 720-721 [2001]), Family Court nevertheless credited Sandra’s testimony as to the lack of contact between Scott and the child. Deferring to those credibility determinations, we find there to be a sound and substantial basis in the record to support Family Court’s dismissal of the neglect petitions as to both respondents. Mercure, J.P., Peters, Spain and Lahtinen, JJ., concur. ORDERED that the orders are affirmed, without costs.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›

Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›