Opinion
2018–13417 2018–13418 Docket No. NA-3997-15
05-13-2020
In the MATTER OF MORGAN R. (Anonymous). Administration for Children's Services, Petitioner-Respondent; Shanera F. (Anonymous), et al., Respondents, v. Patricia F. (Anonymous), Appellant.
Geanine Towers, Brooklyn, NY, for appellant. James E. Johnson, Corporation Counsel, New York, N.Y. (Aaron M. Bloom and Cynthia Kao of counsel), for petitioner-respondent.
Geanine Towers, Brooklyn, NY, for appellant.
James E. Johnson, Corporation Counsel, New York, N.Y. (Aaron M. Bloom and Cynthia Kao of counsel), for petitioner-respondent.
JOHN M. LEVENTHAL, J.P., HECTOR D. LASALLE, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 10, Patricia F. appeals from (1) an order of fact-finding of the Family Court, Richmond County (Peter F. DeLizzo, J.), dated August 17, 2018, and (2) an order of disposition of the same court dated October 30, 2018. The order of fact-finding, insofar as appealed from, after a fact-finding hearing, found that Patricia F. severely abused the subject child. The order of disposition, insofar as appealed from, after a dispositional hearing, was entered upon the order of fact-finding.
ORDERED that the appeal from the order of fact-finding is dismissed, without costs or disbursements, as that order was superseded by the order of disposition and is brought up for review on the appeal from the order of disposition; and it is further,
ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.
Patricia F. is the maternal grandmother of the child, Morgan R., who was born in May 2015. From birth, the child and her mother lived with the maternal grandmother, who cared for the child daily. On August 29, 2015, the child, who was then three months old, was admitted to the hospital with, inter alia, brain injury and retinal hemorrhaging consistent with "shaken baby syndrome" or abusive head trauma. The child died on September 11, 2015. The petitioner commenced this proceeding against the maternal grandmother and others, alleging, inter alia, that she severely abused the child.
We agree with the Family Court's determination that the maternal grandmother was a person legally responsible for the child (see Matter of Trenasia J. [Frank J.], 25 N.Y.3d 1001, 10 N.Y.S.3d 162, 32 N.E.3d 377 ; Matter of Yolanda D., 88 N.Y.2d 790, 651 N.Y.S.2d 1, 673 N.E.2d 1228 ; Matter of Jonah B. [Riva V.], 165 A.D.3d 790, 85 N.Y.S.3d 597 ). Contrary to the maternal grandmother's contentions, the petitioner established a prima facie case of severe child abuse through its expert, who testified that, given the child's medical records showing no prior abnormalities, and the child's presenting to the emergency room with intracranial and subdural hemorrhages in multiple parts of the brain, cerebral edema, right retinal hemorrhaging, non-response to pain, and absence of any eye reflex, the child's injuries could only be the result of abusive head trauma from shaking (see Family Ct Act § 1046[a][ii] ; Matter of Dashawn W. [Antoine N.], 21 N.Y.3d 36, 970 N.Y.S.2d 474, 992 N.E.2d 402 ; Matter of Mackenzie P.G. [Tiffany P.], 148 A.D.3d 1015, 48 N.Y.S.3d 778 ; Matter of Kayden E. [Luis E.], 88 A.D.3d 1205, 931 N.Y.S.2d 744 ). Once the petitioner established its prima facie case, a rebuttable presumption arose that the maternal grandmother was responsible for the severe abuse (see Matter of Philip M., 82 N.Y.2d 238, 246, 604 N.Y.S.2d 40, 624 N.E.2d 168 ; Matter of Clifford S. [Chevon G.], 148 A.D.3d 1159, 1159, 49 N.Y.S.3d 180 ; Matter of Jordan T.R. [David R.], 113 A.D.3d 861, 863, 979 N.Y.S.2d 614 ).
We agree with the Family Court that the maternal grandmother failed to rebut the presumption of culpability. Accordingly, we agree with the court's determination that the petitioner established by clear and convincing evidence that the maternal grandmother severely abused the child.
LEVENTHAL, J.P., LASALLE, BRATHWAITE NELSON and IANNACCI, JJ., concur.