PUSHED HER KID, RESTRICTED HIS BREATHING, AND LEFT SCRATCHES ON HIS BODY
After a hearing was conducted, the Kings County Family Court determined that a mother had neglected her child, and placed the youngster in the father’s custody.
On appeal, the Appellate Division, Second Department, noted that the mother had inflicted “excessive corporal punishment” by pushing the kid, restricting his breathing, and scratching his eyelids and shoulder.
While a parent has a right to use “reasonable physical force,” the use of “excessive corporal punishment” constitutes neglect.
The appellate court also observed that, in such cases, out of court statements made by children may be considered by a judge, if reliably corroborated.
Since the “preponderance of the evidence” supported the underlying determination, the AD2 left the outcome undisturbed.
Do you think she’s beating herself over that?
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DECISION