In re Jordan T.R.
Opinion of the Court
Contrary to the appellants’ contentions, the ACS made a prima facie case of abuse of Angela with evidence that the four-month-old child was brought to the hospital with injuries, including a bulging fontanelle, multi-layered retinal hemorrhages, subdural hemorrhages, and a subarachnoid hemorrhage, that were of such a nature as not to be accidental (see Family Ct Act § 1046 [a] [ii]; Matter of Philip M., 82 NY2d 238, 243 [1993]; Matter of Samuel L., 52 AD3d 394 [2008]; Matter of Jezekiah R.-A. [Edwin R.-E.], 78 AD3d 1550 [2010]; Matter of Aniyah F., 13 AD3d 529, 530 [2004]; Matter of Infinite G., 11 AD3d 688, 689 [2004]; Matter of Marquise W., 269 AD2d 400 [2000]; Matter of Brandon C., 247 AD2d 380, 381 [1998]). Once a prima facie case was established, a rebuttable presumption of parental culpability arose (see Matter of Philip M., 82 NY2d at 246; Matter of Jaiden T.G. [Shavonna D.-F.], 89 AD3d 1021, 1022 [2011]; Matter of Infinite G., 11 AD3d at 689).
We agree with the Family Court that David R. failed to rebut the presumption of culpability. Although the appellants’ expert testified that Angela’s injuries were consistent with the accidental trauma described by David R., he also acknowledged that events could not have occurred as described by David R., given Angela’s condition upon arriving at the hospital. He further conceded that his diagnosis would be “very rare” in a child of Angela’s age, and he had never seen such a case or even heard of a case in which the particular diagnosis was considered a possibility for explaining similar injuries. Accordingly, the Family Court properly found that the ACS had established by a preponderance of the evidence that David R. had abused Angela.
However, the mother rebutted the presumption of parental
The contention of David R. that he was not a person legally responsible for Imani’s care is improperly raised for the first time on appeal, and therefore is not properly before us (cf. Matter of Keydra R. [Robert R.], 105 AD3d 588, 589 [2013]; Matter of Sharnaza Q. [Clarence W.], 68 AD3d 436 [2009]; Matter of Johnnie S., 272 AD2d 472, 473 [2000]; Matter of Mary Alice V., 222 AD2d 594, 595 [1995]). Dillon, J.P., Leventhal, Hall and Austin, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.