In re Kayden E.
Cases that cite this one
14 later published cases cite this decision.
- In re Kayden E. (Appellate Division of the Supreme Court of New York 2013)
- In re Kayden E. (Appellate Division of the Supreme Court of New York 2013)
- In re Nicholas S. (Appellate Division of the Supreme Court of New York 2013)
- In re Nicholas S. (Appellate Division of the Supreme Court of New York 2013)
- In re Amirah L. (NYC Family Court 2012)
- Matter of Lazeria F. (Paris H.) (Appellate Division of the Supreme Court of New York 2021)
- Matter of Ronan L. (Jeana K.) (Appellate Division of the Supreme Court of New York 2021)
- Matter of Morgan R. (Patricia F.) (Appellate Division of the Supreme Court of New York 2020)
- Matter of Logan C. (John C.) (Appellate Division of the Supreme Court of New York 2017)
- Matter of Mason F. (Appellate Division of the Supreme Court of New York 2016)
- In re Amirah L. (Appellate Division of the Supreme Court of New York 2014)
- In re Amirah L. (Appellate Division of the Supreme Court of New York 2014)
- In re Christian NN. (Appellate Division of the Supreme Court of New York 2012)
- In re Branden P. (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Initially, respondent’s appeal from the dispositional order entered May 14, 2010 must be dismissed because that order was entered with his consent (see CPLR 5511; Matter of Cheyenne QQ., 37 AD3d 977, 977-978 [2007]). As for the fact-finding order, Family Court’s finding that Kayden is a severely abused child is supported by clear and convincing evidence (see Family Ct Act § 1051 [e]; Social Services Law § 384-b [8] [a] [i]; Matter of Rebecca KK., 61 AD3d 1035, 1037 [2009]; Matter of Julia BB., 42 AD3d 208, 216 [2007], lv denied 9 NY3d 815 [2007]). The evidence established that Kayden’s injuries, which included a skull fracture, severe brain damage and subdural bleeding, multiple rib fractures and a fractured femur, were life-threatening and required extensive treatment, including a ventilator, anticonvulsive medication, and a permanent ventriculoperitoneal shunt to drain excess cerebrospinal fluid into her abdominal cavity. The injuries left Kayden with a severe seizure disorder, impaired vision, spastic quadriparesis, and such delayed cognitive development that she will essentially remain an “infant” for the rest of her life. A treating physician testified that Kayden’s brain injuries were acute, meaning that they had
Finally, we are not persuaded by respondent’s contention that Family Court’s order terminating petitioner’s reasonable efforts obligation was made in error. Such reasonable efforts are no longer required where, as here, a parent has subjected a child to “aggravated circumstances” such as severe abuse (Family Ct Act § 1039-b [b] [1]; see § 1012 Q]; Social Services Law § 384-b [8]; Matter of Rebecca KK., 61 AD3d at 1037). Respondent’s remaining contentions have been considered and found to be unpersuasive.
Mercure, J.E, Rose, Kavanagh and Garry, JJ., concur. Ordered that the orders entered February 19, 2010 and June 8, 2010 are affirmed, without costs. Ordered that the appeal from the order entered May 14, 2010 is dismissed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.