In The Matter Of Peter G. & Others

774 N.Y.S.2d 686 (2004)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

A petition charged the parents, Steven G. and Angela G., with neglecting their children, Peter, born February 22, 1990, Venitia, born May 7, 1992, and Demitri, born January 20, 1995. The petition alleged that the father used excessive corporal punishment in that he disciplined the children with a belt and cane and caused injuries. The Family Court found that the father used excessive corporal punishment against Peter and that the mother knew or should have known of the excessive corporal punishment and failed to protect the child. Ronna Rosen, employed as a school psychologist and who was qualified as an expert in child psychology 'for the limited purpose of giving opinions about this matter,' and Margaret Young, a caseworker for the Administration for Children's Services (ACS) testified against the parents. Dr. Rosen was unable to see any marks when Peter rolled up his pants to show where on his legs he had been struck. Peter described an incident in which his father struck him and Venitia while they were pinned between a table and wall. These incidents were usually a response to their being disobedient, for example, watching television without permission. Dr. Rosen notified the State Central Registry because both she and the principal 'thought that Peter felt he was in danger.' Young visited the G. home and spoke separately to each of the children. They were afraid and spoke of being hit. The maternal uncle, a police officer, stated that he had a 'very good, excellent' relationship with the children, none of whom ever complained to him about the parents or mentioned a cane. While the father had a tendency to yell at the children, the mother was the disciplinarian, a fact the mother confirmed. The mother also testified that the father had never struck the children except for an occasional spanking on the buttocks. The father testified that he never used a belt or cane to strike or discipline his children. At most, he used his bare hand to slap their buttocks. He further testified that Peter ignored his parents' directives.