MATTER OF T-SHAUNA K.


63 A.D.3d 420 (2009)

879 N.Y.S.2d 462

In the Matter of T-SHAUNA K., a Child Alleged to be Neglected. CANDICE B., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 2, 2009.


The finding of derivative neglect was supported by a preponderance of the evidence, including that respondent had, in the past, failed to comply with the treatment for her psychiatric illness to the point where she had to be hospitalized. She also failed to ensure that her two older children attended school, leading to their unexcused absences on 50 days of the school year. Although respondent's condition improved when she complied with her prescribed treatments, her original...

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