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In re Rachel S.D.

Supreme Court of New York, First Department

January 14, 2014

In re Rachel S.D., and Another, Children Under the Age of Eighteen Years etc., and Sandy D., Respondent-Appellant,
v.
Administration for Children's Services, Petitioner-Respondent.

Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), appellant.

Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), attorney for the children.

Sweeny, J.P., Renwick, Andrias, Freedman, Feinman, JJ.

Order of disposition, Family Court, Bronx County (Kelly O'Neill Levy, J.), entered on or about January 23, 2013, which, upon a fact-finding determination that respondent mother neglected and abused the subject child, Genesis N.D., and derivatively neglected the subject child, Rachel S.D., placed the children with petitioner until the next permanency hearing, and directed respondent to comply with certain conditions, unanimously affirmed, without costs, insofar as it brings up for review the fact-finding determination, and the appeal therefrom otherwise dismissed as moot, as the placement terms of the order have expired. Order of fact-finding, same court and Judge, entered on or about June 22, 2012, unanimously affirmed, without costs. Appeal from order of protection, same court and Judge, entered on or about January 23, 2013, unanimously dismissed as abandoned, without costs.

The court properly determined that petitioner proved by a preponderance of the evidence that the mother abused and neglected Genesis, and derivatively neglected Rachel, based on Rachel's statements to a doctor at the hospital and to an ACS caseworker that the mother hit Genesis in the face with a closed fist, pulled Genesis's hair, and spanked Genesis, after which the child was beaten by her father. The court correctly found that Rachel's statements were amply corroborated by Genesis's hospital records and the doctor's testimony concerning those statements and as to Genesis's injuries (see Family Court Act § 1046[a][i], [ii]; Matter of Philip M., 82 N.Y.2d 238, 243 [1993]; Matter of Nhyashanti A. [Evelyn B.], 102 A.D.3d 470 [1st Dept 2013]).

Moreover, the mother admitted that she did not seek medical care for Genesis after the beating. The court properly determined that the mother was aware of Genesis's father's propensity for violence in that she was a victim of his domestic abuse, and that she made no effort to restrain him from beating the 22-month old Genesis in her presence.


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