Majority
p. 993In the Matter of Kierra C., an Infant. Suffolk County Department of Social Services, Respondent; Kevin C., Appellant. [955 NYS2d 526]
p. 994
The Family Court’s determination that the father neglected the subject child was supported by a preponderance of the evidence (see Family Ct Act §§ 1012 [f] [i] [B]; 1046 [b] [i]). The evidence established, inter alia, that the father knew or should have known of the mother’s drug use and failed to exercise a minimum degree of care to ensure that the mother did not abuse drugs during her pregnancy (see Matter of Niviya K. [Alfonzo M.], 89 AD3d 1027 , 1028 [2011]; Matter of Carlena B., 61 AD3d 752 , 752 [2009]; Matter of Cantina B., 26 AD3d 327 , 327-328 [2006]; Matter of Kanika M., 270 AD2d 490 , 490 [2000]; Matter of K. Children, 253 AD2d 764 , 765 [1998]). The evidence further established that the father himself was a substance abuser (see Matter of Carlena B., 61 AD3d at 752 ).
Accordingly, the Family Court properly determined that the father neglected the child. Skelos, J.P., Balkin, Dickerson and Hinds-Radix, JJ., concur.
Cases cited
- In re Niviya K. 89 AD3d 1027 at 1028 p. 994
- In re Cantina B. 26 AD3d 327 at 327-328 p. 994