## Facts

- Brittany T. (born 1994) was the subject of neglect proceedings due to morbid obesity, related medical conditions, and chronic truancy.
- An August 4, 2003 dispositional order placed the family under court supervision and required the parents to ensure school attendance and comply with nutrition and exercise interventions.
- The dispositional order was extended multiple times (2004–2006), and Brittany experienced repeated cycles of removal to kinship foster care and return to her parents.
- The Department filed an amended violation petition on March 23, 2006, alleging the parents willfully violated prior dispositional orders and seeking Brittany’s placement with the Department.
- Medical evidence from Brittany’s treating pediatric specialist described serious current and future health risks from morbid obesity and the need for consistent, structured diet and physical activity.
- The court record reflected a recurring pattern: Brittany’s weight and school attendance improved or stabilized in foster care but worsened after returns to her parents’ custody.
- The parents attributed noncompliance to Brittany’s resistance, food-seeking behavior, and their own health and mobility limitations, and argued Brittany had not been seriously harmed.

## Issues

1. Whether the parents willfully violated prior dispositional orders concerning Brittany’s medical regimen, nutrition and exercise requirements, and school attendance.
2. Whether Brittany’s best interests required removal from her parents and placement with the Department given the child’s serious medical needs and truancy and the parents’ repeated noncompliance.
3. Whether sustained failure to address a child’s severe obesity and associated health risks may constitute neglect warranting removal under general neglect principles.

## Decision

- The court found the parents were in willful violation of the prior dispositional orders.
- The court ordered Brittany’s removal from her parents and placement with the Chemung County Department of Social Services.
- The court concluded removal was appropriate and necessary to protect Brittany’s health, development, and education after less restrictive measures had failed.

## Legal Principles

- Dispositional orders in neglect proceedings are enforceable; a demonstrated willful violation may support remedial sanctions, including removal, when required to protect the child.
- The child’s best interests govern disposition; the court may remove a child when continued placement with the parents poses serious risk and prior interventions have not produced sustained compliance.
- Serious, treatable medical neglect can be established where parents, despite clear directives and available services, repeatedly fail to take reasonable steps to address a child’s significant health conditions.
- Objective, longitudinal evidence (such as consistent changes in health and school attendance across placements) may corroborate willful noncompliance and ongoing risk.

## Conclusion

The Family Court determined that the parents’ repeated, sustained failure to comply with court-ordered medical and educational measures for a morbidly obese child constituted willful violation, and that the child’s best interests required removal and placement with the Department to ensure consistent medical care and school attendance.


In re Brittany T., 835 N.Y.S.2d 829 (Fam. Ct. Chemung Cnty. 2007)