Matter of Manuel G. (Anonymous), Jr.

Summary

The Appellate Division, Second Department reversed an order dismissing neglect petitions against a father in related Family Court Act article 10 proceedings. The court found that a preponderance of the evidence established that the father committed domestic violence against the children's mother in their presence, reinstated the petitions, and remitted the matter for a dispositional hearing.

Holdings

1. A preponderance of the credible evidence established that the father's commission of domestic violence against the mother impaired or placed in imminent danger of impairment the children's physical, mental, or emotional conditions, thereby establishing neglect under Family Court Act § 1012(f).
2. The father's failure to testify at the fact-finding hearing warranted a negative inference against him.

Questions Presented

1. Whether the evidence established by a preponderance of the evidence that the father committed domestic violence against the children's mother in the children's presence or proximity.
2. Whether the children's physical, mental, or emotional conditions were impaired or in imminent danger of impairment as a result of the domestic violence.
3. Whether the father's failure to testify supported a negative inference against him.

Disposition

reversed_and_remanded