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Matter of Delilah D. (Richard D.)
Citations: 2017 NY Slip Op 7724; 155 A.D.3d 723; 64 N.Y.S.3d 67Docket: 2016-10047
Court: Appellate Division of the Supreme Court of the State of New York; November 7, 2017; New York; State Appellate Court
Original Court Document: View Document
The Appellate Division of the Supreme Court of New York reversed a Family Court order finding Richard D. derivatively neglected his child, Delilah D. The Family Court's earlier findings stemmed from a neglect petition filed by the Orange County Department of Social Services (DSS) against both parents in July 2015, related to the mother's child (not biologically Richard's). The court had previously made a neglect finding against the mother and granted Richard an adjournment in contemplation of dismissal (ACD) due to his failure to provide a stable home, requiring him to attend mandated treatment. In April 2016, DSS sought to establish derivative neglect following the temporary removal of Richard's biological child, Delilah, based on prior findings against the mother and Richard's noncompliance with court conditions. However, the Appellate Division determined that the 2015 ACD against Richard did not equate to a neglect finding and did not support a derivative neglect claim. It emphasized that an ACD is not a determination on the merits and that the DSS failed to reopen prior proceedings to formally establish Richard’s neglect. Thus, the court ruled that the Family Court erred in finding derivative neglect and dismissed the proceedings against Richard.