Matter of Ena S.Y. (Martha R.Y.--Antonio S.)
140 A.D.3d 778
| N.Y. App. Div. | 2016Background
- Mother petitioned under Family Court Act art. 6 to be guardian of her daughter, Ena S. Y., and sought judicial findings to enable the child to apply for Special Immigrant Juvenile Status (SIJS).
- Family Court granted the guardianship petition and held a hearing on the mother's motion for SIJS-related findings (age, unmarried status, dependency, nonviability of reunification due to parental abuse/neglect/abandonment, and best interests against return to Honduras).
- At the hearing the mother testified that the father physically mistreated her in the children’s presence and that on Dec. 31, 2014, after drinking, the father kicked and hit the mother and engaged in a physical altercation with the child; the father admitted pushing and drinking that night.
- Family Court found the child was under 21, unmarried, dependent, and that return to Honduras would not be in her best interests, but denied the motion as to the nonviability-of-reunification finding.
- Appellate Division reversed the denial, holding the evidence established paternal neglect making reunification not viable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court may find reunification not viable due to parental neglect for SIJS | Mother: father's domestic violence in child’s presence and physical assault on family show neglect making reunification not viable | Father: disputed severity; testified parties "pushed each other" and attributed conduct to drinking | Reunification with father not viable due to parental neglect; motion granted |
| Whether single incident of corporal punishment/domestic violence can establish neglect | Mother: single severe incident suffices to show neglect and imminent or actual harm | Father: implied that incident was mutual scuffle and not neglectful parenting | Court: a single incident of excessive corporal punishment or domestic violence in children’s presence can establish neglect |
| Whether prerequisites for SIJS (age, unmarried, custody/guardianship, best interests) were met | Mother: child is under 21, unmarried, placed under guardian, and return to Honduras is not in child’s best interests | N/A (father did not contest most SIJS elements) | Court found age, unmarried status, dependency/guardianship, and best-interests requirements satisfied |
| Standard and burden of proof for neglect in Family Court SIJS context | Mother: preponderance of the evidence that child was neglected by father | Father: contested factual sufficiency of neglect showing | Court applied preponderance standard and found father’s conduct met neglect standard |
Key Cases Cited
- Matter of Maria P.E.A. v Sergio A.G.G., 111 A.D.3d 619 (2d Dep’t 2013) (describing SIJS statutory requirements)
- Matter of Trudy-Ann W. v Joan W., 73 A.D.3d 793 (2d Dep’t 2010) (SIJS nonviability and best-interests guidance)
- Nicholson v. Scoppetta, 3 N.Y.3d 357 (N.Y. 2004) (neglect standard—failure to exercise minimum degree of care; harm or imminent danger required)
- Matter of Joshua V. v Rahsaan J., 137 A.D.3d 1153 (2d Dep’t 2016) (domestic violence in presence of children may establish neglect)
- Matter of Joseph O'D. v Denise O'D., 102 A.D.3d 874 (2d Dep’t 2013) (a single incident of excessive corporal punishment can constitute neglect)