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Fourth Department — Neglect: Matter of Airionna C.

Appellate Division, Fourth Department


Educational Neglect — Inadequate Supervision

Matter of Airionna C.
CAF 12-02030
Appealed from Supreme Court, Monroe County

Background: The petitioner commenced a neglect proceeding alleging that one of the respondent mother’s children severely burned herself with a lighter while the mother’s 15-year-old daughter was babysitting seven of the younger children. The mother appealed from the order adjudging her children neglected.

Ruling: The Appellate Division affirmed. The court held that there was unrebutted evidence from the Rochester City School District that the three children had a combined 97 unexcused absences and 86 unexcused tardies. Further, the lighter was contained in the mother’s purse, which was located in a place where any child could access it. Moreover, the 15-year-old child admitted to being asleep when the accident occurred. Finally, after the subject incident, a caseworker arrived at the mother’s home and found a 14-year-old child left to babysit the younger children.

Janet C. Somes of the Public Defender’s Office for the respondent-appellant; Carol L. Eisenman, County Attorney, for the petitioner-respondent; Mary P. Davison, Margaret McMullen Reston, and Steven B. Levitsky, attorneys for the children