Matter of Z.R. - Child Neglect Determination

New York Appellate Division

Filed March 17th, 2026

Detected March 18th, 2026

Summary

The Appellate Division of the Supreme Court of New York affirmed a Family Court's determination that a mother neglected her child. The court found that the mother's use of a controlled substance placed the child at imminent risk of harm, upholding the child's placement with the Commissioner of Social Services.

View original document View source feed page

What changed

The Appellate Division of the Supreme Court of New York, First Department, affirmed a Family Court's order finding respondent mother neglected the subject child and placing the child in the custody of the Commissioner of Social Services. The court rejected the argument that the appeal should be dismissed as taken from a default, noting the mother's attorney's active participation in the fact-finding hearing. The finding of neglect was based on evidence including a positive toxicology report for a controlled substance, which, in conjunction with surrounding circumstances, demonstrated an imminent risk of harm to the child.

This decision reinforces the legal standard for child neglect in New York, particularly concerning substance abuse by a parent. Regulated entities, such as healthcare providers and legal professionals involved in child welfare cases, should note that a positive toxicology report, when coupled with other evidence indicating risk, can lead to a finding of neglect and placement of the child with social services. The decision affirms the Family Court's disposition and the child's placement until the next permanency hearing.

What to do next

Review case law regarding child neglect and parental substance abuse in New York.
Ensure all child welfare cases involving substance use are thoroughly documented to demonstrate risk of harm.
Consult with legal counsel on best practices for presenting evidence in neglect proceedings.

Source document (simplified)

Support FLP

CourtListener is a project of Free
Law Project, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.

Please become a member today.

Join Free.law Now

March 17, 2026 Get Citation Alerts Add Note

Matter of Z.R. (E.R.)

Appellate Division of the Supreme Court of the State of New York

Citations: 2026 NY Slip Op 01472
Docket Number: Docket No. NN-04449/23; Appeal No. 6108; Case No. 2024-06089
Opinion
Authorities (2)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

Combined Opinion

Matter of Z.R. (E.R.) (2026 NY Slip Op 01472)
| Matter of Z.R. (E.R.) |
| 2026 NY Slip Op 01472 |
| Decided on March 17, 2026 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |

Decided and Entered: March 17, 2026
Before: Webber, J.P., Friedman, González, O'Neill Levy, Michael, JJ.
Docket No. NN-04449/23|Appeal No. 6108|Case No. 2024-06089|

[*1]In the Matter of Z.R., A Child Under Eighteen Years of Age, etc., E.R. Respondent-Appellant, Administration for Children's Services, Petitioner-Respondent.

Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for appellant.

Muriel Goode-Trufant, Corporation Counsel, New York (Jamison Davies of counsel), for respondent.

Donna C. Chin, New York, attorney for the child.

Order of fact-finding and disposition (one paper) of the Family Court, New York County (Maria Arias, J.), entered on or about August 7, 2024, which, to the extent appealed from as limited by the briefs, determined, after a hearing, that respondent mother neglected the subject child and placed the child in the custody of the Commissioner of Social Services until the next permanency hearing, unanimously affirmed, without costs.

We reject the attorney for the child's contention that the appeal should be dismissed as having been taken from a paper entered on default. The mother's attorney attended the fact-finding hearing and actively participated by cross-examining the agency's witnesses and presenting a closing argument (see Matter of Melinda M. v Anthony J.H., 143 AD3d 617, 618 [1st Dept 2016]).

The court's finding that respondent neglected the child has a sound and substantial basis (see Family Court Act §§ 1012[f][i][B]; 1046[b][i]). Although a positive toxicology report for a controlled substance, standing alone, does not establish that a child has been physically, mentally or emotionally impaired, or is in imminent danger of becoming impaired, the surrounding circumstances here demonstrate that the child was at imminent risk of harm (see Matter of Nassau County Dept. of Social Servs. v Denise J., 87 NY2d 73, 79 [1995]).

In addition to evidence of the child's positive toxicology, the agency established that the mother's addiction led to the child having serious medical complications, which required a month-long stay in the NICU and ongoing treatment following discharge (see Matter of Thamel J. [Deryck T.J.], 162 AD3d 507, 507 [1st Dept 2018]). Moreover, the mother's long-standing history of substance abuse—despite the prior removal of two older children under similar circumstances—including her admissions of drug use during pregnancy and postpartum, demonstrated a lack of insight into the seriousness of her conduct and was inconsistent with her claim that she was actively seeking treatment for her substance abuse (see Matter of Oscar Alejandro C.L. [Nicauris L.], 161 AD3d 705, 706 [1st Dept 2018]). Although the mother asserts that she was enrolled in a drug treatment program, permanency hearing reports dated January 8, 2024, and June 10, 2024, do not reflect that she was engaged in any services, including substance abuse treatment.

Finally, the court properly drew a negative inference from the mother's failure to testify (see Matter of Gelani M. [Paul M.], 222 AD3d 484, 486 [1st Dept 2023]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: March 17, 2026