IN RE: Ryan FIELDS (2021)

Determination of respondent New York State Office of Children and Family Services, dated October 16, 2018, after a hearing, that petitioner committed maltreatment of a child and that the maltreatment is relevant and reasonably related to child-care employment, adoption of a child, or the provision of foster care, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [John J. Kelley, J.], entered November 7, 2019), dismissed, without costs.

Respondent's determination that petitioner maltreated his daughter is supported by substantial evidence that petitioner choked the child, struck her in the face, caused her to fall and suffer injuries to her head, neck and arm, and taunted her about suicide (see Matter of Bethea v. Poole, 149 A.D.3d 513, 51 N.Y.S.3d 503 [1st Dept. 2017];  Matter of Jello v. Perales, 206 A.D.2d 532, 533, 615 N.Y.S.2d 80 [2d Dept. 1994];  see Social Services Act § 412[2][a];  Family Court Act § 1012[f][i][B]).

Petitioner's contention that the evidence shows that he was merely defending himself and that his daughter's injuries were more than likely self-inflicted is unavailing on this record;  where there is a conflict in the testimony and either of two inferences may be drawn, the duty of choosing between the inferences is the agency's, and the courts may not reject the agency's choice (Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 444, 522 N.Y.S.2d 478, 517 N.E.2d 193 [1987];  300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978]).

Although respondent produced no witnesses at the hearing and relied upon documentary evidence, its determination was not based solely on hearsay;  petitioner's own testimony supported the determination.  In any event, respondent's hearsay evidence was relevant and sufficiently probative to be admissible at this administrative hearing (see Matter of Tonette E. v. New York State Off. of Children & Family Servs., 25 A.D.3d 994, 995, 807 N.Y.S.2d 694 [3d Dept. 2006];  Matter of Parker v. Carrion, 90 A.D.3d 512, 512, 935 N.Y.S.2d 14 [1st Dept. 2011]).

Substantial evidence also supports respondent's determination that petitioner's maltreatment of his daughter is “relevant and reasonably related to” employment as a childcare provider, the adoption of a child, and the provision of foster care (Social Services Law § 422[8][c][ii];  see Matter of Leeper v. New York State Off. of Children & Family Servs., 164 A.D.3d 1614, 1615, 85 N.Y.S.3d 295 [4th Dept. 2018]).  In evaluating petitioner, respondent considered the guideline factors, the weight to be given to each of which is reserved to respondent (see Social Services Law § 424–a[5];  300 Gramatan Ave. Assoc., 45 N.Y.2d at 180, 408 N.Y.S.2d 54, 379 N.E.2d 1183).