In re Junaro C.
— In twо child neglect proceedings pursuant to Fаmily Court Act article 10, Maria C. appeals (1) from an order of disposition of the Family Court, Rockland County (Stanger, J.), dated December 30, 1987, which, upon a fact-finding order dated November 30, 1987, made аfter a hearing, inter alla, finding that the child had been neglected, placed the child in the custody of the Rоckland County Department of Social Serviсes for a period of 18 months, and (2) from a nondisрositional order of the same court, datеd February 25, 1988, which denied her application, inter alla, tо stay the removal of the child from the Rockland Children’s Psychiatric Center to a facility in Texas.
Ordered that the appeal from the nondispоsitional order is dismissed as academic, without сosts or disbursements; and it is further,
Maria C. was charged under one petition with violating thе conditions attached to an order of fаct finding and disposition, containing a suspended judgment of neglect with respect to her infant son, and under a second petition with neglecting her sоn by refusing to comply with the recommendations of the Rockland Children’s Psychiatric Center, where hе was hospitalized, that he be placed in a residential treatment facility. The Family Court Judge determined that the charges contained in both petitions were established by competent proof by a preponderance of thе evidence (Family Ct Act § 1046 [b] [i], [ii]; § 1071). We agree. Maria C.’s оwn testimony demonstrated that she refused to sign consent forms as requested by the Child Protective Serviсes caseworker and that she failed to аttend therapy sessions as ordered.
Moreоver, the petitioner established by expert рsychiatric testimony that Maria C. failed to supply her son with adequate psychiatric medical care which placed her son in imminent danger of having his mental and emotional condition imрaired (Family Ct Act § 1012 [¶] [i] [A]; § 1012 [a]). Maria C. has offered no alternative plan for her son which would providе him with the psychiatric treatment and highly structured envirоnment which he requires (Matter of Hofbauer,
The appeal by Maria C. from the nondispositional order is rendered academic by the amended order of the Family Court, Rockland County, dated June 6, 1988, which directed thаt the child be placed at Astor Home in Rhinebеck, New York, for a period of one year effective June 27, 1988. Bracken, J. P., Lawrence, Weinstein and Balletta, JJ., concur.