Appeals (1) from an order of the Family Court of St. Lawrence County (Nelson, J.), entered July 15,1993, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 10, to adjudicate James HH. to be neglected, and (2) from an order of said court, entered November 30,1993, which, inter alia, ordered that James HH. be placed in petitioner’s custody for a period of 12 months.
James HH. was born out of wedlock to respondent and Gail GG. in 1991. On December 3, 1992, petitioner filed an amended abuse and neglect petition alleging that on or about November 13, 1992 respondent failed to adequately supervise James. As a result, James, who was little more than a year old at the time, placed his right hand on a kerosene heater and sustained second degree burns. Respondent admitted the charge of inadequate supervision. Family Court found James to be a neglected child and placed him in petitioner’s custody for a period of one year. Respondent appeals.*
Although James has been returned to the custody of respondent and Gail GG., this appeal is not moot since an adjudication of neglect is "a permanent and significant stigma which is capable of affecting a parent’s status in potential future proceedings” (Matter of Matthew C., 227 AD2d 679, 680-681).
Respondent contends that the finding of neglect is not supported by a preponderance of the evidence. Petitioner had the burden of establishing abuse or neglect by a preponderance of the evidence (see, Family Ct Act § 1046 [b] [i]; Matter of Jessica SS., 229 AD2d 616, 617; Matter of Shaun X., 228 AD2d 730, 731; Matter of Julissa II., 217 AD2d 743). Petitioner was required to establish that respondent did not exercise a mini
We find that the finding of neglect as to James was supported by a preponderance of the evidence, despite the fact that Family Court erroneously indicated in the record that the incident occurred on October 13, 1992 instead of November 13, 1992. Respondent’s admission to having inadequately supervised James constituted evidence of neglect, even if respondent did not intend to harm him. An isolated accidental injury may constitute neglect if the parent was aware of the intrinsic danger of the situation (see, Matter of Susan G. v Perales, 203 AD2d 978, 979; Matter of Sellnow v Perales, 158 AD2d 846, 847; Matter of King v Perales, 153 AD2d 694, 695). The danger of leaving a one-year-old child unsupervised in the same room as a kerosene heater is apparent.
We also reject respondent’s argument that Family Court should not have additionally found that respondent had neglected James upon its finding that he had also neglected Patricia. Proof of neglect as to one child is admissible on the issue of neglect as to another child (see, Family Ct Act § 1046 [a] [i]; see also, Matter of Nassau County Dept. of Social Servs. [Dante M.] v Denise J., 87 NY2d 73, 80). "The determinative factor is whether, taking into account the nature of the conduct and any other pertinent considerations, the conduct which formed the basis for a finding of abuse or neglect as to one child is so proximate in time to the derivative proceeding that it can reasonably be concluded that the condition still exists” (Matter of Cruz, 121 AD2d 901, 902-903). The accident involving James occurred on November 13, 1992, while the incident giving rise to Patricia’s injuries is alleged to have occurred later the same week. The petition filed against respondent regarding James contained the allegations involving Patricia’s injuries. As respondent’s conduct with regard to Patricia created an imminent danger as to James, Family Court did not err in making a derivative finding of neglect in this case (see, Matter of Nassau County Dept. of Social Servs. [Dante M.] v Denise J., supra, at 80).
Finally, respondent was not deprived of the effective assistance of counsel. The right to counsel in a proceeding pursuant to Family Court Act article 10 is guaranteed by statute (see,
Cardona, P. J., Mercure, White and Casey, JJ., concur. Ordered that the orders are affirmed, without costs.
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Although Family Court also found respondent to have neglected Patricia GG., the daughter of Gail GG., respondent has appealed only from those orders relating to James. Consequently, we do not consider respondent’s argument that the finding of neglect as to Patricia was not supported by a preponderance of the evidence.