Child Welfare Administration v. Marsha C.

Appellate Division of the Supreme Court of New York

Child Welfare Administration v. Marsha C.

225 A.D.2d 766, 640 N.Y.2d 143, 640 N.Y.S.2d 143, 1996 N.Y. App. Div. LEXIS 3220

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 25, 1996

StatusPublished

Cited by4 cases

This text of 225 A.D.2d 766 (Child Welfare Administration v. Marsha C.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Child Welfare Administration v. Marsha C., 225 A.D.2d 766, 640 N.Y.2d 143, 640 N.Y.S.2d 143, 1996 N.Y. App. Div. LEXIS 3220 (N.Y. Ct. App. 1996).

Pincite

Opinion

The undisputed medical evidence at the hearing indicates that the appellant physically abused his six-week old son, Maurice, by inflicting injuries, including a fractured skull, which ultimately caused the baby’s death. Based on its finding that the appellant had abused Maurice, the Family Court made a finding of derivative abuse with regard to the appellant’s daughter, Tia, who was approximately one year old at the time of Maurice’s death.

Considering the nature of the injury to Maurice, the evidence supports the conclusion that Tia was at risk of being subjected to similar abuse (see, Matter of Eli G., 189 AD2d 764; Matter of Ely P., 167 AD2d 473, 475). The Family Court’s finding of derivative abuse with regard to Tia was, therefore, proper (see, Family Ct Act § 1012 [e]). Copertino, J. P., Pizzuto, Friedmann and McGinity, JJ., concur.

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The undisputed medical evidence at the hearing indicates that the appellant physically abused his six-week old son, Maurice, by inflicting injuries, including a fractured skull, which ultimately caused the baby’s death. Based on its finding that the appellant had abused Maurice, the Family Court made a finding of derivative abuse with regard to the appellant’s daughter, Tia, who was approximately one year old at the time of Maurice’s death.

Considering the nature of the injury to Maurice, the evidence supports the conclusion that Tia was at risk of being subjected to similar abuse (see, Matter of Eli G., 189 AD2d 764; Matter of Ely P., 167 AD2d 473, 475). The Family Court’s finding of derivative abuse with regard to Tia was, therefore, proper (see, Family Ct Act § 1012 [e]). Copertino, J. P., Pizzuto, Friedmann and McGinity, JJ., concur.

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Bluebook (online)

225 A.D.2d 766, 640 N.Y.2d 143, 640 N.Y.S.2d 143, 1996 N.Y. App. Div. LEXIS 3220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/child-welfare-administration-v-marsha-c-nyappdiv-1996.

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