New York Family Law Blog
When it comes to abuse of children, the courts look at not only the person who was accursed of inflicting the abuse, but also any individuals who were caring for the child around the time that the abuse occurred. Admin. for Children’s Servs. v. Allison B. (In re Dall. P.), 185 A.D.3d 589 (N.Y. App. Div. 2020) involved serious injuries to a two-year-old child and raised questions about the responsibilities and actions of caregivers. The court had to determine whether the mother could be held responsible for her child’s injuries based on the evidence presented during the fact-finding hearing.
Background Facts
The case began when the mother and her boyfriend brought the mother’s two-year-old son, Dallas P., to Jamaica Hospital on August 22, 2015. Dallas had a ruptured bowel that required emergency surgery. The Administration for Children’s Services (ACS) initiated legal proceedings under Family Court Act Article 10, alleging that the mother had abused the child. During the fact-finding hearing, the court heard from several witnesses, including medical professionals. Dr. Edmond Kessler, the treating pediatric surgeon, testified that faint bruises were observed on the child and that the only reasonable explanation for the injury was a single, high-velocity traumatic event. Dr. Kessler also indicated that the injury occurred within 6 to 24 hours before Dallas was admitted to the hospital.
The mother testified, stating that she lived with Dallas in the home of her parents, who were on a cruise at the time of the injury. The mother’s boyfriend, Calvin B., and his daughter had been staying with them since the Thursday before the incident. On the day of the injury, the mother had left Dallas in Calvin’s care for about an hour around noon. The mother also presented testimony from a pediatrician and child abuse expert, Dr. Simeon David, who suggested that the injury likely occurred earlier in the day, either midday or just before early afternoon.
Question Before the Court
Whether the mother could be held responsible for abusing Dallas based on the evidence presented.
Court’s Decision
The Family Court issued an order of fact-finding on February 7, 2018, determining that the mother had abused her child. The mother waived her right to a dispositional hearing and consented to placement under the supervision of ACS for 12 months, as detailed in an order of disposition dated June 21, 2018. The court also issued an order of protection prohibiting the mother from using corporal punishment on the child. The mother appealed the fact-finding order, the order of disposition, and the order of protection.
Discussion
At the fact-finding hearing, ACS presented a prima facie case of abuse by showing that Dallas’s injury was of a type that would not typically occur without an act or omission by a caregiver and that the mother was one of the caregivers during the time frame when the injury likely occurred. Under Family Court Act § 1046, this established the foundation for a finding of abuse, shifting the burden to the mother to provide evidence rebutting the presumption of her culpability.
The mother argued that she was not responsible for the injury because it occurred while Dallas was in Calvin’s care. However, the court did not find this argument persuasive. The court determined that the mother had failed to sufficiently rebut the presumption of culpability. The court noted that while the child was in Calvin’s care for about an hour on the day of the injury, the mother remained a caregiver in the 24-hour period before the hospitalization, during which time the injury could have occurred. The court did not require ACS to prove which caregiver inflicted the injury or whether multiple caregivers were responsible, only that the injury happened while the child was under the care of the mother and/or Calvin.
The mother’s expert witness, Dr. David, presented testimony suggesting that the injury occurred earlier in the day, but the court did not find this evidence sufficient to overcome ACS’s prima facie case. The court relied heavily on the testimony of Dr. Kessler, who described the injury as consistent with a single traumatic event and within a specific time window that included the period when the child was in the mother’s care.
Conclusion
This case highlights how courts handle child abuse allegations, especially when multiple caregivers are involved. The Family Court relied on medical evidence and expert testimony to determine that the child’s injury likely occurred during the time the mother was a caregiver. Although the mother argued that the injury happened while her boyfriend was watching the child, the court determined that she did not provide enough evidence to rebut the presumption of her responsibility for the injury.
The court’s decision serves as a reminder that in cases involving serious child injuries, the law does not require proof of which specific caregiver caused the injury. Rather, it is enough to show that the injury occurred while the child was in the care of one or more individuals, and those individuals then bear the burden of disproving their involvement.
The court’s ruling affirmed that the mother’s actions or omissions contributed to the child’s injury, and the finding of abuse will remain part of her legal record, potentially affecting future cases involving her parenting rights.