In re Shernise C., 91 A.D.3d 26

Shernise C. gave birth to Emily C. in 2008, when she was nearly 14.
A DNA test on Aug. 17, 2010 showed a 99.97% likelihood that Shernise’s stepfather fathered Emily.
ACS and petitioners removed Shernise, Emily, and Shernise’s sister from the home.
Family Court issued (Aug. 24, 2010) an order mandating forensic medical examinations with color photographs under Family Court Act § 1027(g).
Attorney for Shernise moved to vacate the examination directive, arguing Fourth Amendment invasion and lack of compelling need; a stay was granted pending appeals.
Court held § 1027(g) is mandatory in abuse cases, but the specific application to Shernise was unconstitutional as applied; the order to compel examination was reversed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 1027(g) mandates examinations in all abuse cases as applied	Shernise: mandatory examination invades Fourth Amendment rights	ACS: statute requires court-ordered exams in abuse cases	Unconstitutional as applied to Shernise; mandatory in abuse cases not permissible here
Whether the forced examination is reasonable given conclusive DNA evidence	DNA proves abuse; examination unnecessary	Examination helps discover any additional evidence	Unreasonable under Fourth Amendment; largely cumulative given DNA proof
Whether the court should address a facial constitutional challenge to § 1027(g)	Challenge to statute as applied	Not addressed; the applied ruling suffices	Facial challenge not reached; statute invalid as applied; etc.

Safford Unified School Dist. No. 1 v. Redding, 557 U.S. 260 (2009) (adolescent vulnerability; intrusive searches require careful balance)
Vernonia School Dist. No. 47J v. Acton, 515 U.S. 646 (1995) (special needs beyond probable cause reasonable under balancing test)
Bell v. Wolfish, 441 U.S. 520 (1979) (reasonableness balancing for searches of detainees)
Matter of Abe A., 56 N.Y.2d 288 (1982) (bodily intrusion considerations in NY law)