Matter of Liam DD. (Jamie CC.)

Summary

The Appellate Division, Third Department affirmed a Family Court order adjudicating a child neglected by the mother and father. The court declined to consider the father's challenges because he failed to file a notice of appeal, and held that the evidence of the mother's methamphetamine use, violation of a safety plan, and failure to provide necessities supported the neglect finding.

Holdings

1. The father's challenges to the order were not properly before the court because filing a notice of appeal is a nonwaivable jurisdictional prerequisite, and the court could grant the mother full relief without granting affirmative relief to the nonappealing father.
2. The mother's admitted and repeated methamphetamine use, positive drug test, violation of the safety plan, and failure to provide stable shelter and basic necessities constituted neglect.
3. Family Court's finding that the mother neglected the child was supported by a sound and substantial basis in the record and would not be disturbed.

Questions Presented

1. Whether the father's challenges to the neglect finding were properly before the Appellate Division when he failed to file a notice of appeal.
2. Whether the mother's repeated drug use, violation of the safety plan, and failure to provide necessities established neglect under Family Court Act § 1046.
3. Whether Family Court's neglect finding was supported by a sound and substantial basis in the record.
4. Whether the statutory presumption of neglect arising from qualifying repeated drug misuse was rebutted by the mother's evidence.

Disposition

affirmed