MATTER OF JORDAN XX.


53 A.D.3d 740 (2008)

861 N.Y.S.2d 189

In the Matter of JORDAN XX., a Child Alleged to be Abused. SCHOHARIE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; MICHELLE XX., Appellant.

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

Decided July 3, 2008.


Mercure, J.P.

After the subject child (born in 2004) arrived at his day-care facility on December 19, 2006, Linda Holmes, the owner and operator of the facility, noticed bruising and swelling around the area of his genitals when she changed him out of his pajamas and into his daytime clothing. Holmes also heard the child say "ow" and saw him point towards his penis. Holmes, who testified that the injuries were not present on the previous day, then contacted petitioner...

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