In re Tashia QQ.
Opinion of the Court
Appeals (1) from an order of the Family Court of Clinton County (Lawliss, J.), entered September 29, 2004, which, inter alia, granted petitioner’s application, in proceeding No. 1 pursuant to Family Ct Act article 10, to adjudicate respondent’s children to be abused and neglected, and (2) from an order of said court, entered March 11, 2005, which granted petitioner’s application, in proceeding No. 2 pursuant to Family Ct Act article 10, to hold respondent in willful violation of a prior order of disposition.
In May 2004, petitioner commenced proceeding No. 1 alleging that respondent abused and neglected her four children by permitting a male companion to sexually assault her 12-year-old daughter, Tashia (born in 1992), who had been diagnosed with mild mental retardation, during an unsupervised visit.
Family Court ordered that all four children be placed in petitioner’s custody for one year and further directed respondent to obtain certain counseling. Thereafter, respondent failed to complete a sex offender treatment program because she refused to acknowledge that Tashia had been sexually abused. In proceeding No. 2, Family Court found her to be in violation of its prior order and sentenced her to six months in jail. She now appeals from both orders. We affirm.
Respondent argues that the findings of abuse and neglect were not established, specifically claiming that Tashia’s out-of-court statements detailing the sexual abuse were not sufficiently corroborated. We are unpersuaded. Tashia’s out-of-court statements detailing the sexual abuse perpetrated upon her during her last unsupervised visit with respondent were sufficiently
Moreover, Tashia reenacted the sexual abuse to her therapist with anatomically correct dolls during a therapy session (see Matter of Jaclyn P., 86 NY2d 875, 877-878 [1995], cert denied sub nom. Papa v Nassau County Dept. of Social Servs., 516 US 1093 [1996]; Matter of Ashley M., 235 AD2d 858, 858-859 [1997]). We further note that respondent did not testify, thereby permitting Family Court to draw the strongest inference against her as the opposing evidence would allow (see Matter of Evan Y., 307 AD2d 399 [2003]; Matter of Arielle LL., 294 AD2d 676, 677 [2002], appeal dismissed 99 NY2d 532 [2002]; Matter of Ashley M., supra at 858). Accordingly, we conclude that Family Court’s finding that respondent abused and neglected her children was supported by sufficient evidence (see Family Ct Act § 1046 [b] [i]).
Finally, respondent’s failure to complete the sexual offender treatment program because she refused to acknowledge that Tashia had been sexually abused supported Family Court’s finding of a willful violation of its prior order (see Matter of Kristi AA., 295 AD2d 651 [2002]; Matter of Ashley M., 256 AD2d 825, 825-826 [1998]; see generally Matter of Kaitlyn R., 279 AD2d 912, 913-914 [2001]; Matter of Michelle F., 222 AD2d 747, 749 [1995]; Matter of Kayte M., 201 AD2d 835, 836 [1994], lv denied 83 NY2d 757 [1994]).
Respondent’s remaining contentions, including the argument that she received ineffective assistance of counsel, have been reviewed and found to be unpersuasive.
As of May 2004, Tashia had been in a therapeutic foster home for about 18 months having been subjected to sexual abuse by her father. The other three children resided with respondent.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.