Published on:

Queens Birth 58


This case is being heard in the Family Court of Queens County. This particular case involves alleged child abuse.

Case Background

On the ninth of June, 2004, the Administration for Children’s Services filed a petition alleging that the subject child had sustained a second degree burn on her elbow, a bruise over her eye, a laceration on her lip, a bite mark on her foot an numerous scars and scratch marks all over her body. The respondents, who are her biological parents, could offer no explanation as to how she sustained all of these injuries.

The child had been living in foster care for the previous three years and was returned to her parents in April of 2004. The original petition of abuse that resulted in the child being put in foster care was filed in February of 2001 and charged that the then 10 month old child had been burned on her right eye, below her right cheek, and across the back of her neck. The child also had cuts all over her body including inside her ears and on the bottoms of her feet. The respondents failed to provide a reasonable explanation for these injuries.

Fact Finding Hearing

In this instant case the fact finding hearing was held in October of 2004. The physician’s assistant that treated the child and the foster care agency worker both testified during the hearing.

The physician’s Manhattan assistant testified that the mother brought the child in for treatment for a burn on her right arm. She testified that the child had a two centimeter second degree burn around the area of her elbow. The physician’s assistant stated that the mother told her that the child had received the burn when she touched an electrical outlet. The mother also told the physician’s assistant that the child had just recently been returned to her after having been in foster care for child abuse. She went on to testify that the child was quite during the examination and very scared. She states that the child seemed to be malnourished and was very small and appeared to be younger than her stated age. She reported the case to the State Central Register because the explanation for the burn was inconsistent with the injury.

The caseworker for the child testified that the child was discharged to the respondents in May of 2004 and that she learned about the injuries when the father called her in June to report them. The father told her that the mother had grabbed the child’s arm to keep her from grabbing a blow dryer that was plugged in because the child’s hands were wet and she did not want her to get shocked.

Case Discussion and Decision

The inconsistencies of the stories from both parents it is quite clear that this child has been abused. The court finds that the respondents have been unsuccessful with the required parenting classes and finds that they are unlikely to ever be successful. The child along with the other children of the home is to be removed and placed in foster care.

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