Narrative Opinion Summary
In a child protective proceeding initiated under Family Court Act article 10, the father appealed two orders from the Family Court of Queens County. The first order placed the child in the custody of the Commissioner of the New York City Department of Social Services, while the second was an order of protection requiring the father to stay away from the child. Both appeals were dismissed as academic due to the expiration of the orders. However, the appeal regarding a finding of derivative abuse was not dismissed. The Family Court affirmed the petitioner's motion for summary judgment on derivative abuse, citing the father's guilty plea to attempted sexual misconduct and conviction for endangering the welfare of a child, which demonstrated a substantial risk of harm to any child in his care. The father failed to raise a triable issue of fact against these findings. The decision, supported by relevant case law, was concurred by Judges Balkin, Dickerson, Leventhal, and Roman, ultimately affirming the Family Court's conclusions.
Legal Issues Addressed
Derivative Abuse under Family Court Act Article 10subscribe to see similar legal issues
Application: The court affirmed the finding of derivative abuse based on the father's past conduct, demonstrating a risk of harm to any child in his care.
Reasoning: The petitioner demonstrated that the father had previously pleaded guilty to attempted sexual misconduct and had been convicted of endangering the welfare of a child, which involved allegations against two of his daughters.
Dismissal of Appeals as Academicsubscribe to see similar legal issues
Application: The appeal regarding the custody order and the order of protection are dismissed because the periods have expired and addressing them would have no direct effect on the parties.
Reasoning: The appeal regarding the custody order is dismissed as academic since the placement period has expired. Similarly, the appeal from the order of protection is also dismissed as academic because it expired by its own terms.
Summary Judgment in Child Protective Proceedingssubscribe to see similar legal issues
Application: The Family Court granted summary judgment on the issue of derivative abuse due to the father's failure to raise a triable issue of fact.
Reasoning: The father did not raise a triable issue of fact in opposition to the petitioner’s showing.