Matter of Katherine L. (Adrian L.)

Summary

The New York Appellate Division, Second Department, reviewed related Family Court Act article 10 proceedings arising from allegations that the father sexually abused Heymi M. and derivatively neglected Katherine L. The court upheld the finding of sexual abuse, dismissed as academic the challenge to expired supervision, and reversed the finding of derivative neglect as to Katherine L. because the evidence did not establish a substantial risk of harm under the circumstances.

Holdings

1. The appeal from the fact-finding order was dismissed because that order was superseded by the dispositional order and was brought up for review on the appeal from the dispositional order.
2. The appeal from the portion of the dispositional order placing the father under ACS supervision until December 3, 2021, was dismissed as academic because that provision expired by its own terms.
3. The evidence, including Heymi M.'s sworn testimony, was sufficient to establish by a preponderance of the evidence that the father sexually abused Heymi M. on June 16, 2017.
4. The evidence did not support a finding that the father derivatively neglected Katherine L.; the derivative-neglect petition was denied and that proceeding was dismissed.

Questions Presented

1. Whether the appeal from the Family Court's fact-finding order was properly before the Appellate Division after entry of the subsequent dispositional order.
2. Whether the appeal from the expired supervision provision in the dispositional order was academic.
3. Whether the evidence established by a preponderance of the evidence that the father sexually abused Heymi M.
4. Whether the evidence that the father abused Heymi M. established derivative neglect of Katherine L. by demonstrating an impaired level of parental judgment creating a substantial risk of harm to Katherine.

Disposition

modified_and_affirmed