Matter of Ty’Shawn B.

Holding The Appellate Division reversed the Family Court’s order granting summary judgment for derivative neglect because the petitioner failed to meet its initial burden of establishing that the mother’s prior neglect of other children created a substantial risk of harm to the subject child. The court found that the prior order’s vague finding of ‘inadequate guardianship’ did not sufficiently identify the specific conduct or demonstrate that the condition still existed for the new child.

The court’s words

the prior order merely states that she neglected the older children through "[i]nadequate guardianship, thus placing the children at risk of harm."

2026 NY Slip Op 04694, at the official text

petitioner did not establish the egregiousness of that conduct or show that, with respect to the subject child, the potential harmful result of that conduct could be said to reasonably still exist

2026 NY Slip Op 04694, at the official text

the evidence supplied by petitioner did not establish, as a matter of law, the nature of the mother's conduct that supported the prior finding of neglect or its surrounding circumstances

2026 NY Slip Op 04694, at the official text