MATTER OF O.


222 A.D.2d 240 (1995)

635 N.Y.S.2d 19

In the Matter of Jasmin O., a Child Alleged to be Abused. Iris O., Appellant; Commissioner of Social Services, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 7, 1995


The agency established by a preponderance of evidence that respondent, the child's grandmother, knew or reasonably should have known that the child had been sexually abused by her paramour and that she failed to protect the child (Family Ct Act § 1012 [e] [iii]). Inasmuch as petitioner agency established a prima facie case, the burden of going forward shifted to respondent to rebut the evidence of culpability (Matter of Philip M., 82 N.Y.2d 238...

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