Summary
The Appellate Division, Second Department affirmed a Family Court disposition releasing three children to their mother. The court held that the appellant's sexual abuse of another child supported a finding of derivative abuse of the three children because the conduct demonstrated a fundamental defect in parental duties and defective impulse control creating a substantial risk of harm.
Court
Appellate Division of the Supreme Court of the State of New York, Second Judicial Department
Jurisdiction
New York
Decision date
December 31, 2014
Docket number
2014-01579
Disposition
affirmed
Questions Presented
- Whether the Family Court properly found that the appellant derivatively abused Ebony S., Jasmine S., and Alissa D. based on its determination that he sexually abused Alyson S.
- Whether the record provided a basis to disturb the Family Court's credibility determinations at the fact-finding hearing.
Holdings
- The Family Court properly found that the appellant derivatively abused Ebony S., Jasmine S., and Alissa D. because his sexual abuse of Alyson S. established a fundamental defect in his understanding of parental duties and impulse control so defective as to create a substantial risk of harm to any child in his care.
- There was no basis in the record to disturb the Family Court's assessment of witness credibility at the fact-finding hearing.
Court Document
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