Judge Lillian Wan sitting in the Family Court in Kings County had a case before her brought by the Administration for Children’s Services (hereinafter referred to as “ACS”). ACS alleged the parents had abused their child, Maria. A second action was also brought derivative of the first action claiming the sister had been abused too.
Fact Finding Hearing
There had been, pursuant to Family Court Act section 1028, a fact finding hearing. At the time of the fact finding hearing, evidence was submitted showing Maria had her femur fractured when she was 44 days old and in addition, suffered a fracture of her skull. Evidence presented by experts was submitted to show there was no logical explanation provided by the parents with regard to Maria suffering these injuries. In addition, the testimony of the parents was inconsistent. Judge Wan in her decision found she could not exclude the parents as the individuals causing this child abuse. She found ACS had established a prima facie case for child abuse and the injuries sustained by Maria would not normally have occurred without there being child abuse or child neglect. Judge Wan therefore found the children had been abused by their parents.
Even though she made this finding, Judge Wan went on to state in her decision that ACS had not proven the children would be in imminent risk of harm if returned to the custody of their parents. She therefore granted the parents’ request to have the children released to them from ACS’ supervision.
