IN RE: SOFIA M. (2025)

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this proceeding pursuant to Family Court Act article 10, respondent mother appeals from an order that, inter alia, determined she abused the subject child. We affirm.

“Family Court Act § 1046 (a) (ii) provides that a prima facie case of child abuse or neglect may be established by evidence of (1) an injury to a child which would ordinarily not occur absent an act or omission of [the] respondent[ ], and (2) that [the] respondent[ ] [was] the caretaker[ ] of the child at the time the injury occurred” (Matter of Grayson R.V. [Jessica D.] [appeal No. 2], 200 AD3d 1646, 1648 [4th Dept 2021], lv denied 38 NY3d 909 [2022] [internal quotation marks omitted]; see Matter of Philip M., 82 NY2d 238, 243 [1993]; Matter of Nancy B., 207 AD2d 956, 957 [4th Dept 1994]). Contrary to the mother's contention, petitioner established that the subject child's posterior rib fractures “would ordinarily not occur absent an act or omission of respondent[ ]” (Philip M., 82 NY2d at 243). Petitioner's expert in child abuse pediatrics testified that the child's injuries constituted “evidence of non-accidental trauma to a reasonable degree of medical certainty.” Petitioner further established that the mother and the child's father were the caretakers of the child at the time the injury occurred (see Matter of Kevin V. [Sarah L.], 229 AD3d 1159, 1160 [4th Dept 2024]). Once petitioner “established a prima facie case, the burden of going forward shift[ed] to [the mother] to rebut the evidence of ․ culpability” (Philip M., 82 NY2d at 244; see generally Matter of Devre S. [Carlee C.], 74 AD3d 1848, 1849 [4th Dept 2010]), which she failed to do.

Entered: February 7, 2025

Ann Dillon Flynn

Clerk of the Court