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WHEN EXPOSURE TO VIOLENCE DEFINES NEGLECT

Matter of N.C.M. (Christian A.) involved allegations of neglect against Christian A., who was found by the New York County Family Court to have engaged in domestic violence in close proximity to two children, establishing imminent risk of harm.

The court determined that Christian A. broke into the mother’s apartment and physically assaulted her while the youngsters were present. The evidence included testimony from the mother, corroborated by observations from a caseworker and statements from one of the kids.

Additionally, the court drew a negative inference against Christian A. due to his failure to testify, reinforcing the credibility of the allegations. Despite the oldest child not being home at the time of the incident, the court upheld a finding of derivative neglect, citing prior legal precedents that establish risk to all children in similar circumstances.

The ruling underscores the importance of protecting children from exposure to domestic violence and affirms that such exposure alone is sufficient to establish neglect.

Ultimately, the Appellate Division upheld the Family Court’s decision, finding no basis to overturn the ruling.

This guy was neglectful in every way ....

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DECISION

Matter of N.C.M. (Christian A.)

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