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Keywords

hearingsummary judgmentsustainedrespondent

appealhearingtestimonyrespondent

Related Cases

In re Michael I, 276 A.D.2d 839, 714 N.Y.S.2d 156, 2000 N.Y. Slip Op. 08862

Facts

The respondent is the mother of twins Michael and Leonard, born in 1997. Following an incident on September 22, 1997, where the children were found to have suffered physical abuse, the Department of Social Services filed a petition against both the mother and the father. The Family Court granted summary judgment against the father due to his criminal convictions related to the incident, while the mother was found to have neglected and abused the children by leaving them in the father's care despite knowing of his abusive behavior.

Testimony further established respondent's failure to provide proper supervision or guardianship by her premature removal of Leonard from the hospital after birth at the demand of the father.

Issue

Did the evidence presented at the fact-finding hearing support the Family Court's finding of neglect and abuse against the mother?

Respondent appeals, solely challenging the sufficiency of the evidence presented at the fact-finding hearing to support the finding of neglect or abuse.

Rule

A determination of neglect or abuse must be based on a preponderance of credible evidence, and proof of injuries sustained by a child can serve as prima facie evidence of child abuse or neglect, raising a rebuttable presumption of parental responsibility.

It is axiomatic that any such determination must be based upon a preponderance of the credible evidence (see, Family Ct. Act § 1046[b][i]).

Analysis

The court applied the rule by examining the evidence of the children's injuries, which included 61 broken bones, and the mother's knowledge of the father's abusive behavior. The court found that a reasonably prudent parent would have acted differently to prevent the injuries, and the mother's failure to protect her children from the father constituted neglect and abuse.

Upon this record, objective evidence demonstrates 'that a reasonably prudent parent would have acted differently and, in so doing, prevented the injury' (Matter of Robert YY. [Mary ZZ.], supra, at 692, 605 N.Y.S.2d 418; see, Matter of Joseph DD. [Debra DD.], 214 A.D.2d 794, 794–795, 624 N.Y.S.2d 476).

Conclusion

The Appellate Division affirmed the Family Court's order, concluding that the findings of abuse and neglect against the mother were properly supported by the evidence.

Thus, the findings of abuse and neglect against respondent were properly supported (see, Matter of Brandon C. [Carmen M.], 247 A.D.2d 380, 668 N.Y.S.2d 655; Matter of Carrie R. [Rodney R.], 156 A.D.2d 756, 549 N.Y.S.2d 230).

Who won?

The county Department of Social Services prevailed in the case because the court found sufficient evidence to support the allegations of neglect and abuse against the mother.

The Appellate Division affirmed the Family Court's order, concluding that the findings of abuse and neglect against the mother were properly supported by the evidence.

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