In re Justin CC.

77 A.D.3d 1056, 909 N.Y.S.2d 771
Appellate Division of the Supreme Court of the State of New York·Decided October 21, 2010·Published·Cited by 30 cases

Opinion

Peters, J.

Appeals from two orders of the Family Court of Chemung County (Hayden, J.), entered January 5, 2009 and April 16, 2009, which granted petitioner’s applications, in two proceedings pursuant to Family Ct Act article 10, to adjudicate respondents’ children to be abused and neglected.

Respondents George CC. (hereinafter the father) and Tina CC. (hereinafter the mother) are the parents of three sons (born in 1996, 1999 and 2001). The mother also has a daughter from a prior relationship (born in 1992). On November 28, 2006, the daughter left a note with her school guidance counselor requesting that she be removed from her home. Upon meeting with the guidance counselor, the daughter reported that her parents forced her to stand in the corner earlier that morning while they slapped her and pulled her hair, and that she was regularly subjected to physical abuse by them, including being beaten with a belt on nearly a daily basis. That same day, the daughter met with one of petitioner’s caseworkers and reiterated the events that had transpired that morning. She also disclosed, among other things, being frequently whipped with a belt with her pants and underwear down and being made to “pick cherries,” a painful military exercise wherein she was made to stand with her arms outstretched and simulate picking cherries off of a wall. Later that day, with the mother’s consent, the daughter was placed into foster care.

Petitioner subsequently charged respondents with neglect of the children. In April 2007, the daughter was freed for adoption upon the mother’s surrender of her parental rights. Thereafter, in the summer of 2007, the daughter revealed to her foster mother that the father had sexual intercourse with her on at least 20 occasions between the summer of 2006 and the time she was placed in foster care. During an interview with one of petitioner’s caseworkers and a police investigator, and in a later written statement, the daughter detailed the father’s sexual abuse of her and reiterated when, where and how he had forced [1057]*1057her to have sexual intercourse. Following this investigation, the petitions were amended to allege that the father had sexually abused the daughter and derivatively abused his sons.

A fact-finding hearing ensued, during the course of which the daughter provided sworn in-court testimony outside the presence of respondents, but with all counsel present and afforded a full opportunity to cross-examine her. Following the hearing, Family Court found that the father abused the daughter and derivatively abused the sons, and that both the mother and the father neglected all four children. At the dispositional hearing, respondents each stipulated to the terms of a dispositional order and the father consented to the entry of an order of protection. Respondents appeal from the order sustaining the petitions,

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In re Justin CC., 77 A.D.3d 1056, 909 N.Y.S.2d 771 (N.Y. Ct. App. 2010).

77 A.D.3d 1056 (In re Justin CC.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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