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Matter of Children

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1991
172 A.D.2d 839 (N.Y. App. Div. 1991)

Opinion

April 29, 1991

Appeal from the Family Court, Kings County (Palmer, J.).


Ordered that the order is affirmed, without costs or disbursements.

It is undisputed that the petitioner made out a prima facie case of abuse by establishing that the appellant mother's two-year-old daughter, Janiqua had contracted gonorrhea. Once a prima facie case was established by the petitioner, the burden of going forward shifted to the parent or person responsible for Janiqua to offer a satisfactory explanation for the occurrence of the injuries (see, Matter of Jesse S., 152 A.D.2d 581; Matter of Marcus S., 123 A.D.2d 702; see also, Matter of Jacinta J., 140 A.D.2d 990). In this case, the mother did not offer a satisfactory explanation to rebut the petitioner's evidence, which included, inter alia, the injury to Janiqua and the mother's own positive test results for gonorrhea. Consequently, we find that the Family Court could properly find that the mother's conduct either caused or contributed to the abuse of Janiqua and endangered the other children (see, Family Ct Act § 1012 [g]; Matter of Jacinta J., supra). Thompson, J.P., Brown, Kunzeman and Balletta, JJ., concur.


Summaries of

Matter of Children

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1991
172 A.D.2d 839 (N.Y. App. Div. 1991)
Case details for

Matter of Children

Case Details

Full title:In the Matter of the P. CHILDREN. COMMISSIONER OF SOCIAL SERVICES OF THE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 29, 1991

Citations

172 A.D.2d 839 (N.Y. App. Div. 1991)
569 N.Y.S.2d 205

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