MATTER OF JAHIEL K.

Docket Nos. NA-09976/19, NA-09977/19, NA-09978/19. Appeal No. 14912. Case No. 2020-04313.

200 A.D.3d 614 (2021)

155 N.Y.S.3d 769

2021 NY Slip Op 07515

In the Matter of Jahiel K. and Others, Infants. Ricardo N., Appellant; Administration for Children's Services, Respondent, et al., Respondents.

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

Decided December 28, 2021.


Attorney(s) appearing for the Case

Richard Cardinale , Brooklyn, for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Benjamin H. Pollak of counsel), for respondent.

Dawne A. Mitchell , The Legal Aid Society, New York ( Judith Stern of counsel), attorney for the child.

Concur—Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.


The court properly found that petitioner demonstrated by a preponderance of the evidence that Heaven was sexually abused by the father or that he failed to prevent the abuse, based on the medical records, testimony of the medical expert, and of the mother and the father that he had access to the child. Unexplained evidence that a young child suffers from a sexually transmitted disease while under the care of the parent, as here, suffices to establish a prima facie case of...

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