Matter of D.N. (N.N.)

Holding The Appellate Division affirmed the Family Court’s finding that the father neglected three children by committing domestic violence in their presence and derivatively neglected a fourth child in close proximity. The court held that a single incident of domestic violence can support a neglect finding and that the evidence, including child testimony and caseworker observations, established the father’s impaired parental judgment.

The court’s words

The record shows that the father neglected the children on February 28, 2024, by engaging in a physical altercation with the children's mother in their presence

2026 NY Slip Op 05483, at the official text

Contrary to the father's contention, even a single incident of domestic violence may support a neglect finding

2026 NY Slip Op 05483, at the official text

the father displayed such an impaired level of parental judgment so as to create a substantial risk of harm to any child in his care

2026 NY Slip Op 05483, at the official text