Matter of Aniyah F

Matter of Aniyah F., 13 AD3d 529 (2nd Dep't 2004), involved a five month old diagnosed with a left subdural hematoma, a scalp hematoma, a circular scar on her forehead, two healed arm fractures, and a lip abrasion. Family Court dismissed the abuse allegations and made a finding of neglect against the respondent mother. The disposition was release of the child to the mother under twelve months ACS supervision, and the mother was directed to make provisions for appropriate child care for the children with ACS assistance. The Second Department reversed the Family Court's determination insofar as it dismissed the abuse allegations. The court found that the petitioner met its burden of proof in establishing a prima facie case of abuse under F.C.A. 1046(a)(ii) and the respondents failed to provide a satisfactory explanation for the injuries. The court noted that ACS stated that no new or further disposition was requested or required and the appellate court similarly found that no new or further disposition was appropriate under the circumstances of the case. Therefore, the Second Department chose not to remit the case back to Family Court for a further dispositional hearing.