In re Keijonte W.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Article 10 of the Family Court Act defines an “abused child” as, inter alia, “a child under the age of 18 whose parent or other person legally responsible for the child’s care ‘commits, or allows to be committed, a sex offense against such child’ ” (Matter of Philip M., 82 NY2d 238, 243 [1993], quoting Family Ct Act § 1012 [e] [iii]). The Family Court Act “authorizes a method of proof which is closely analogous to the negligence rule of res ipsa loquitur,” and “once a petitioner in a child abuse case has established a prima facie case, the burden of going forward shifts to respondents to…
2Cases cited10 opinions
- In re Nicole V.New York Court of Appeals · 1987
- Matter of Philip M.New York Court of Appeals · 1993
- In re Tristan R.Appellate Division of the Supreme Court of the State of New York · 2009
- In re Sanaia L.Appellate Division of the Supreme Court of the State of New York · 2010
- In re Fantaysia L.Appellate Division of the Supreme Court of the State of New York · 2007
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