Suffolk Cnty. Dep't of Soc. Servs. v. Jasmine R. (In re Amaris A. A.)

210 A.D.3d 1077

179 N.Y.S.3d 313

In the MATTER OF AMARIS A. A. (Anonymous).

Suffolk County Department of Social Services, petitioner-respondent;

v.Jasmine R. (Anonymous), appellant, et al., respondent.

(Proceeding No. 1)

In the Matter of Julius E. A. (Anonymous).

Suffolk County Department of Social Services, petitioner-respondent;

v.Jasmine R. (Anonymous), appellant, et al., respondent.

(Proceeding No. 2)

In the Matter of Reminisce M. R. (Anonymous).

Suffolk County Department of Social Services, petitioner-respondent;

v.Jasmine R. (Anonymous), appellant, et al., respondent.

(Proceeding No. 3)

In the Matter of Jeramiah N. R. (Anonymous).

Suffolk County Department of Social Services, petitioner-respondent;

v.Jasmine R. (Anonymous), appellant, et al., respondent.

(Proceeding No. 4)

In the Matter of Zylen R. (Anonymous).

Suffolk County Department of Social Services, petitioner-respondent;

v.Jasmine R. (Anonymous), appellant, et al., respondent.

(Proceeding No. 5)

In the Matter of Jayceon F. (Anonymous).

Suffolk County Department of Social Services, petitioner-respondent;

v.Jasmine R. (Anonymous), appellant, et al., respondent.

(Proceeding No. 6)

In the Matter of Jaziah F. (Anonymous).

Suffolk County Department of Social Services, petitioner-respondent;

v.Jasmine R. (Anonymous), appellant, et al., respondent.

(Proceeding No. 7)

In the Matter of James A. F. (Anonymous).

Suffolk County Department of Social Services, petitioner-respondent;

v.Jasmine R. (Anonymous), appellant, et al., respondent.

(Proceeding No. 8)

2020–09171

Docket Nos. N–349–18

N–8740–18

N–8741–18

N–8742–18

N–8743–18

N–8744–18

N–8745–18

N–8746–18

N–8747–18

N–8748–18

N–8749–18

N–8750–18

N–8751–18

N–8752–18

N–8753–18

N–345–19

Supreme Court, Appellate Division, Second Department, New York.

Submitted—November 1, 2022

November 30, 2022

Darla A. Filiberto, Islandia, NY, for appellant.

Dennis M. Cohen, County Attorney, Central Islip, NY (Jayne M. St. James of counsel), for respondent.

Laurette D. Mulry, Central Islip, NY (John B. Belmonte of counsel), attorney for the children Amaris A.A. and Julius E. A.

Paul K. Siepmann, Patchogue, NY, attorney for the child James A. F.

Rachel A. Camillery, West Islip, NY, attorney for the children Jeramiah N. R., Jaziah F., Jayceon F., and Zylen R.

Susan A. DeNatale, Bayport, NY, attorney for the child Reminisce M. R.

VALERIE BRATHWAITE NELSON, J.P., ANGELA G. IANNACCI, LINDA CHRISTOPHER, BARRY E. WARHIT, JJ.

DECISION & ORDER

In related proceedings pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding of the Family Court, Suffolk County (Frank A. Tantone, J.), dated March 31, 2020. The order of fact-finding, insofar as appealed from, after a fact-finding hearing, found that the mother abused the child Amaris A.A. and derivatively neglected the children Zylen R., Julius E. A., Reminisce M. R., Jayceon F., Jaziah F., James A. F., and Jeramiah N. R.

ORDERED that the order of fact-finding is affirmed insofar as appealed from, without costs or disbursements.

On June 1, 2018, the then six-month-old child, Amaris A.A. (hereinafter the child), was brought to Good Samaritan Hospital in respiratory distress and was found to have injuries consistent with abusive head trauma. The child's chest X ray also showed that she had multiple healing rib fractures. The Suffolk County Department of Social Services (hereinafter DSS) commenced these proceedings pursuant to Family Court Act article 10 alleging, inter alia, that the mother abused the child and derivatively neglected her other seven children. At a fact-finding hearing, DSS presented the testimony of, among other witnesses, Jason Tsai, the child's treating pediatric radiologist, who testified, inter alia, that the blood found around the child's brain and her retinal hemorrhages were "highly concerning for ... non-accidental trauma, or child abuse." Tsai also testified that the child's rib fractures were "at least two weeks old, ... probably closer to a month or more." DSS also presented the testimony of Jean Montague, the case worker assigned to the child's case. Montague testified that the mother and the mother's boyfriend, Joel A., were the only two custodians of the child. In response to DSS's case, the mother testified on her own behalf. The mother testified, inter alia, that she and Joel A. were the only caregivers of the child from the time the child was previously discharged from the hospital in April 2018 until June 1, 2018. The mother further testified that Joel A. had shaken the child, but she denied doing anything that she believed would cause the child to sustain multiple rib fractures. After the hearing, in an order of fact-finding dated March 31, 2020, the Family Court found, inter alia, that the mother had abused the child as a result of the child's multiple, unexplained rib fractures, and derivatively neglected the other seven children. The mother appeals.

At a fact-finding hearing in a child protective proceeding pursuant to Family Court Act article 10, the petitioner has the burden of establishing, by a preponderance of the evidence, that the subject child has been abused or neglected (see Family Ct Act § 1046[b][i] ; Matter of Kamryn R. [Natalie R.], 187 A.D.3d 1192, 1194, 133 N.Y.S.3d 51 ; Matter of Dallas P. [Allison P.], 185 A.D.3d 589, 591, 124 N.Y.S.3d 815 ). Family Court Act § 1046(a)(ii) "provides that a prima facie case of child abuse or neglect may be established by evidence of (1)...