In Matter of J.M. (Jennifer L.), the Appellate Division, First Department, affirmed a Bronx County Family Court decision finding that the respondent mother, Jennifer L., had abused and neglected her children, J.M. and J.D.M., and derivatively abused and neglected two younger children, M.M. and L.C. The case centered on deeply troubling allegations that the mother had attempted to prostitute her daughters on separate occasions, behavior that the court found met the statutory definition of child abuse under Family Court Act § 1012(e)(iii)(B) and Penal Law § 230.30.
The evidence presented was both specific and compelling. J.M. testified in detail about being taken to a man’s home, observing her mother accept money, and then being left alone as the man attempted to sexually assault her. Her testimony was deemed credible and was corroborated by similar accounts from J.D.M., who described nearly identical experiences. J.D.M.’s statements, initially made to her therapist, were admitted under a hearsay exception and further supported by mental health records and testimony from an ACS caseworker.
The Family Court emphasized that credibility was a central issue, and over the course of three years, it had ample opportunity to assess the demeanor and consistency of the witnesses. The court found the mother’s testimony not credible and gave significant weight to the children’s accounts. The appellate court saw no reason to disturb these findings.
Beyond the sexual abuse, the court also found that the mother had neglected the children by failing to provide basic necessities such as food, clothing, and hygiene products. Testimony revealed that the children were often left alone for days without adequate care. Additionally, the mother failed to ensure that J.D.M. received necessary mental health treatment, which culminated in a psychiatric hospitalization following a suicide attempt.
Given the severity and pattern of the mother’s conduct, the court also upheld the finding of *derivative abuse and neglect as to the younger children, M.M. and L.C. Her actions demonstrated such a profound lapse in judgment that they posed a substantial risk of harm to all children in her care.
Ultimately, the appellate court affirmed the Family Court’s disposition without costs, underscoring the gravity of the mother’s conduct and the sufficiency of the evidence supporting the findings.
The youngsters needed her love, she not only ignored their needs but rented one child out to strangers .... Truly heinous and despicable.
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DECISION