This is a petition charging neglect of “ Bаby Boy ” Santos, also known as Rodriquez, a later-born child, based upon a finding of abuse and neglect of an older child in the samе household.
On February 17, 1972, Maria Santos the child of the respondent mother herein and one Roberto Santos, was declared abused and neglected by respondent mother Angela Hernandez. At the time of the occurrence the mother was living with Victor Rodriquez, the father of the male child who is the subject of this proceeding.
The hospital records (Family Ct. Act, § 1046, subd. [a], par. [iv]), as wеll as reports filed pursuant to section 383-a of the Social Services Law (Family Ot. Act, § 1046, subd. [a], par. [v]) indicate that on August 27, 1971 child Maria, eight months of age, was admitted to the emergency room at St. Luke’s Hospital because of a depression on the right side of the child’s head. Photographs made by the hospital staff on this date show the depression in the skull to be several inches in width and fairly deep. The diagnosis of the examining physician was ‘ fracture of the right side of the skull, as well as fractures of the second, third and fourth metacarpals of the right hand, and an old ecchymosis under the right eye ”, In layman’s language, a black eye which wаs in the process of healing. Maria was brought to the hospital because a friend of the mother noticed the depressed area in the child’s skull. Respondent mother explained this was the first time she saw the injury and believed it occurred when the child fell back in her crib on to the mattress, striking her head on a toy. The doctor testified, as does the hospital record indicate, that there was no pericranial swelling. This in the doctor’s opinion suggests an old process ’ ’ which could not have occurred in the manner described by the mother.
The injury to the child’s eye, according to the mother, was caused by the child poking a tоy into her eye. The mother further explained that the fracture of the hand occurred when the little girl slept with her hand behind her bаck.
An operation was performed at St. Luke’s on August 30, to elevate the parietal skull fracture.
When one child has been abused, discretion must be exercised to protect other children in a household, or those about to become members of the household. The hearing as to the abuse and neglect of the little girl on February 17, 1972 was a lengthy one at which the resрondent mother testified, and the finding as a result of such hearing is sufficient to support the
It has been the experience of the court, as well as authorities in the subject of child abusе, that there is in effect a “child abuse syndrome ” and that when one abused child is removed from the home, that another child in the home may become the object of abuse by the parent (Dr. Bay E. Heifer, “ The Battered Child”, Univ. Press 1968; Matter of Abeena H.,
In Matter of State ex rel. v. Thraxton, decided by the Court of Appeal in Louisiana, First Circuit, March, 1969 (
In child protective proceedings it is the function of the trial court to detеrmine not only that neglect or abuse exist, but also whether it is likely to exist. (Matter of Abeena H., supra.) The court is sitting as parens patriae in a matter such as this (Finlay v. Finlay,
It should also be noted that both in the case of the older child as well as this case, both the parents necessitated the issuance of numerous warrants by the court to compel their presence at the hearing. The respondents were referred to counsel on
Accordingly, it is the finding of this court that the allegations of this petition have been proven by a preponderance of the proof.
The court herewith orders a full probation investigation and report to the сourt. Further, as part of such investigation both respondents are to have psychiatric and psychological examinаtions to determine whether at ■some future time, with appropriate therapy and assistance the parents may be able to assume the care of their child.