In re Tashyne L.
In a proceeding pursuant to article 10 of the Family Court Act, petitioner appeals from an order of the Family Court, Richmond County, dated April 6, 1976, which, after a hearing, (1) dismissed the petition and (2) ordered that the child bе returned to his parents. Order reversed, on the law and the facts, without costs or disbursements, petition granted, аnd it is determined that the infant is an abused child. The matter is remanded to the Family Court for further proceedings in aсcordance herewith, which proceedings shall take place before a Judge other than thе one before whom the hearing under review was conducted. The record on this appeal amply supports a finding that the infant is an abused child within the meaning of the statute. The infant, Tashyne L., was born to respondents on October 3, 1975. The parents live together but are not married. The mother did not seek or receive рrenatal care until one month prior to delivery, and she provided no immunizations or postnatal cаre for the child until his first hospitalization for treatment, on January 16, 1976. Before the child was three months old, his maternаl aunt and grandmother observed bruises, scratches and bloody sores on his face and body. He was admitted tо Staten Island Hospital on January 16, 1976 for gastroenteritis and dehydration; he had a temperature of 103 degrеes. On January 21, 1976 chest X rays revealed no abnormalities and, on January 24, 1976, the infant was discharged "in good cоndition”. Three days later the infant was admitted to St. Vincent’s Hospital, Staten Island, with the following diagnoses: acute gastroenteritis and dehydration, with respiratory distress requiring intravenous fluid therapy, medication and oxygen; multiplе abrasions, hematomas and bruises about the face, including scratch marks on his forehead, an excoriation on his nose and bilateral conjunctival hemorrhages in his eyes; dermatitis of the left arm and shoulder (generalized eczema); and multiple fractures of seven ribs and one leg and suspected fractures of both arms. Section 1046 (subd [a], par [ii]) of the Family Court Act states that "proof of injuries sustained by a child or of the condition of a child of such a nature as would ordinarily not be sustained or exist except by reason of the acts or omissions of the parent or other person responsible for the care of such child shall be prima facie evidence of child abuse or neglect, as the case may be, of the parent or other person legally responsible”. This has been correctly held to mean that, "Once the petitioner has established the