Matter of Zachariah W. v. Dominique W.

Summary

The Appellate Division, Second Department, reversed a Family Court order finding that the mother neglected her newborn child. The court held that the Administration for Children's Services failed to prove by a preponderance of the evidence that the mother failed to provide adequate food, clothing, or shelter while financially able to do so or offered reasonable means to do so, and dismissed the neglect proceeding.

Holdings

1. In a neglect proceeding under Family Court Act article 10, the petitioner must prove by a preponderance of the evidence that the child was neglected.
2. A neglect finding requires proof that the child's physical, mental, or emotional condition was impaired or in imminent danger of impairment because the parent failed to exercise a minimum degree of care in supplying adequate food, clothing, or shelter, although financially able to do so or offered financial or other reasonable means to do so.

Questions Presented

1. Whether ACS proved by a preponderance of the evidence that the mother neglected the child under Family Court Act § 1012(f)(i)(A).
2. Whether the evidence established that the child's physical, mental, or emotional condition was impaired or in imminent danger of impairment because the mother failed to provide adequate food, clothing, or shelter despite being financially able to do so or being offered reasonable means to do so.

Disposition

reversed