In the Matter of Shaun B. v Taishawn B. , the New York County Family Court found Taishawn guilty of neglect when her boyfriend shook and injured his infant daughter, Kayla.
Although she wasn't the child's mom, Kayla often stayed at Taishawn's apartment.
When the Family Court found Taishawn responsible for Kayla's abuse -- partly because of her admission that she used marijuana and failed to enroll in a drug-treatment program -- Taishawn appealed to the Appellate Division, First Department, which reversed the lower court's determination.
Since Kayla was never in Taishawn's sole care, and there was no evidence that she suspected her boyfriend would abuse the child, the appellate court believed Taishawn's conduct was at all times "reasonable" and did not, in any way, contribute to Kyla's injury or harm.
Justice McGuire, in a concurring opinion, characterized the Family Court's decision a "gross miscarriage of justice." He believed the pot-smoking evidence was erroneously admitted. (It was unclear how much, or how often, Taishawn toked and there was no evidence linking the purported use to the abuse.)
Put that in a pipe ....
To download a copy of the Appellate Division's decision, please use this link: Matter of Shaun B. v Taishawn B.