MATTER OF ELIZABETH S.


70 A.D.3d 453 (2010)

894 N.Y.S.2d 51

In the Matter of ELIZABETH S., Appellant, and KATHERINE S. and Another, Children Alleged to be Abused and/or Neglected. DONA M., Respondent; ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant, et al., Respondent.

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

Decided February 9, 2010.


The court erred in finding that petitioner agency failed to establish prima facie that the mother should have known of respondent stepfather's sexual abuse of her daughter and taken appropriate action to protect her. The daughter testified, inter alia, that she had told her mother twice that she was being sexually harassed by the stepfather, that her mother had arranged the stepfather's regular visits to her bedroom at night (in an attempt to improve their relationship) and...

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