On June 9, 2009, the Administration for Children’s Services (ACS) filed a petition against Respondent Mother alleging she had abused and neglected her daughter. On June 8, 2009, a physician at the Medical Center reported that the child was brought to the hospital by EMS after Respondent found the child in an abnormal sleeping position and when he repositioned the child he had an abnormal pulse. A New York Family Lawyer said the child was brought to the hospital at 4:53 p.m. at which time he was pulse-less and all attempts to revive the child were unsuccessful; the child was pronounced dead at 6:30 p.m. The medical examiner reported that the official cause of death for the child is whiplash, shaking and blunt impacts of the head with subarachnoid and subdural hemorrhages. The child’s death has been ruled a homicide.
A New York Custody Lawyer said that, respondent-mother admitted to ACS ESC and Police at the 47th precinct that on June 8, 2009, the child, woke up around 1:00 p.m. and was fussing and crying and didn’t want to sleep. The Respondent mother admitted that she was stressed out and tired and that the Respondent-mother shook the baby forcefully, several times at which point the baby stopped crying and the Respondent mother put him back in bed to sleep.
A New York Custody Lawyer said that, in its Summation dated November 7, 2011, ACS stated that it has presented clear and convincing evidence that Respondent Mother acted with a depraved indifference to human life in causing serious physical injuries to the seven-month-old infant that resulted in his death. ACS stated that it had proven “aggravated circumstances” and that the infant was a “severely” abused child as defined in Family Court Act § 1012 (j) and Social Services Law § 384-b (8) (a), and that Respondent Mother failed to rebut any of the evidence presented by ACS. ACS urged the court to make a derivative finding of severe abuse as defined in Social Services Law 384-b (8) (a) as to the subject child. Further, based on the clear and convincing evidence of the heinous nature of Respondent Mother’s abuse of the infant, ACS stated that the court should terminate its duty to provide reasonable efforts to assist Respondent Mother in reunification with the surviving child.