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In re Ijeoma O.
Citations: 271 A.D.2d 691; 706 N.Y.S.2d 196; 2000 N.Y. App. Div. LEXIS 4463
Court: Appellate Division of the Supreme Court of the State of New York; April 24, 2000; New York; State Appellate Court
In a child protective proceeding under Family Court Act article 10, the mother appeals a Family Court order from June 6, 1997, which found that she neglected her daughter Ijeoma O. and derivatively neglected her other two children, Nnandi O. and Amaka O. The court placed Ijeoma O. in the custody of the Administration for Children’s Services for 12 months and placed Nnandi O. and Amaka O. under supervision for the same period. The appellate court modified the order by dismissing the finding of derivative neglect concerning Nnandi O. and Amaka O., affirming the rest of the order without costs or disbursements. The mother was deemed to have neglected Ijeoma O. due to her failure to seek necessary mental health care for the child, which was established by a preponderance of evidence. However, the evidence was insufficient to support the claim of derivative neglect for the other two children. The decision was concurred by Justices Goldstein, J.P., Florio, Feuerstein, and Schmidt.