The case of Matter of M. H. (Ricardo D.) centers on allegations of child neglect involving the respondent mother and Ricardo D., a person legally responsible for the children. The Appellate Division, First Department upheld a Bronx County Family Court's neglect findings because the ruling was supported by a "preponderance of the evidence."
The AD1 agreed that the mother engaged in "excessive corporal punishment," based on the children's "consistent, cross-corroborating accounts" given separately to a caseworker. Two children reported being struck with a belt, while others stated that the mother "whooped" a four-year-old child with a spatula—actions that the court deemed excessive. Agency case notes were properly admitted into evidence under the "business records exception" to hearsay rules, ensuring that proper legal foundations were met.
Ricardo D. was also found to have neglected the children. The evidence showed that after the mother picked them up for a visit, she brought them to Ricardo’s car, where they saw he had a gun. The children called their father, who arrived at the scene, leading to a violent altercation in front of them. The appellate court agreed that exposing the children to violence directed against a family member constituted neglect.
Additionally, the court declined to grant a missing witness charge or draw a negative inference regarding a caseworker who was unavailable due to a confidential medical emergency. The court reasoned that the caseworker’s testimony would have been cumulative, as would the father’s testimony regarding the fight with Ricardo.
Ultimately, tough love got them in trouble. Someone should have reminded them, that belts are for holding up pants, and spatulas are for flipping burgers ....
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DECISION