MATTER OF KATHERINE C.


122 Misc.2d 276 (1984)

In the Matter of Katherine C. and Others, Children Alleged to be Abused. James E. et al., Respondents.

Family Court, Richmond County.

January 3, 1984


Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Mitchell Regenbogen of counsel), for Commissioner of Social Services. Jerome S. Birch for respondent stepfather. I. Mitchell Goler for respondent mother. Lenore Gittis and Jill Elijah, Law Guardians, for children.


DANIEL D. LEDDY, JR., J.

Where a child is sexually abused by her stepfather in her home, the natural mother, who had no knowledge of the abuse, will be held to have allowed the abuse if the objective evidence available to her should have prompted adequate protective measures from a responsible parent similarly situated.

This is a proceeding initiated by the Commissioner of Social Services whereby he seeks an adjudication that 13-year-old Katherine...

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