Matter of Vivienne Bobbi-Hadiya S

In Matter of Vivienne Bobbi-Hadiya S., 126 AD3d 545 (1st Dep't 2015), the Appellate Division, First Department, affirmed the Family Court's finding that both the respondent mother and respondent father severely abused their three-month-old infant. The evidence in that case established that the infant suffered four fractured ribs, a fractured collarbone, a fractured femur, and subdural hematomas as a result of being squeezed, shaken and possibly thrown. The Court found that the father caused the child's injuries under circumstances evincing a depraved indifference to human life, and that the mother recklessly allowed such injuries to be inflicted under circumstances evincing a depraved indifference to human life. The Court reasoned that the father had a prior manslaughter conviction for recklessly killing his two month old son under similar circumstances. The mother knew of the father's manslaughter conviction but left the child in his care and used him as a primary caretaker while she worked. The First Department found that the mother acted recklessly by leaving the child in the father's care and allowing the abuse to be inflicted. The Court further reasoned that the Family Court properly based its findings on indirect evidence, and the parent's inability to explain the child's injuries. Id.