Matter of Mansani D. (Sitan S.D.)

Holding The Appellate Division affirmed the Family Court’s finding that the mother neglected her child and derivatively neglected her other child, as she failed to rebut the presumption of parental responsibility regarding the child’s ingestion of alcohol and marijuana. The court further upheld the disposition releasing the children to the father’s custody, determining it was in the children’s best interests given the mother’s impaired judgment and the father’s consistent compliance with supervision.

The court’s words

the mother failed to rebut the presumption of parental responsibility by providing a reasonable explanation for Mansani D.'s ingestion of alcohol and marijuana

2026 NY Slip Op 05392, at the official text

the uncontradicted evidence established that the mother saw Mansani D. on multiple occasions while he was staying with his maternal grandmother

2026 NY Slip Op 05392, at the official text

the record reflects that the children had been in the father's care for almost two years and that, during that time, he had provided for the children's needs

2026 NY Slip Op 05392, at the official text

the mother failed to control the children during weekly supervised visits and enrolled herself in services that were not approved by ACS

2026 NY Slip Op 05392, at the official text