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In re Mativane H.

235 A.D.2d 373 Court N.Y. App. Div. Decision date 1997-01-30 English

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p. 373
In the Matter of Mativane H. and Others, Children Alleged to be Abused. Marion K. et al., Respondents; Joan K., Appellant; Commissioner of Social Services of the City of New York, Respondent.
[652 NYS2d 980]

Order of disposition, Family Court, New York County (Leah Marks, J.), entered October 25, 1995, which, inter alia, placed the subject children with the Commissioner of Social Services for a period of up to 12 months, following a fact-finding determination that appellant had abused and neglected them, unanimously affirmed, without costs.

The record shows that appellant, the subject children’s grandmother, had engaged in many different aspects of child-rearing on a daily basis, and was therefore the "functional equivalent” of the children’s parent who could be properly charged with their abuse and neglect (see, Matter of Yolanda D., 88 NY2d 790 , 795). The loco parentis test urged by appellant has been specifically rejected by the Court of Appeals (supra, at 796). Concur—Sullivan, J. P., Rosenberger, Wallach and Williams, JJ.

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