MATTER OF DAMEN M.


309 A.D.2d 569 (2003)

765 N.Y.S.2d 347

In the Matter of DAMEN M. and Others, Children Alleged to be Abused and/or Neglected. FRANCESCA M., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent, et al., Respondent.

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

Decided October 9, 2003.


Under Family Court Act § 1046 (a) (ii), evidence of injuries to a child of a type not ordinarily sustained or existing except by reason of the acts or omissions of the parent is prima facie proof of abuse or neglect. Here, a prima facie showing of abuse was established by the medical testimony that respondent mother's eight-week-old infant sustained first- and second-degree burns over 20% of her body by reason of immersion in scalding water and that medical treatment...

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