Judge Lillian Wan
The court opined if Administration for Children’s Services (ACS) established a prima facie case of neglect against father in this Article 10 action. The petition alleged father failed to provide the subject one year old child, Tysean, with proper supervision and guardianship. It contended father slapped non-respondent mother on the face while she was holding Tysean, and forcibly grabbed him from her arms. The petition also alleged there were three domestic incident reports involving mother as victim, and father, including father’s misuse of drugs. The court found ACS failed to prove a causal connection between father’s action in this case, and Tysean’s impairment or imminent danger of impairment. It also noted ACS failed to proffer any evidence regarding any alleged prior incidents or pattern of domestic violence. Also, the court concluded ACS failed to meet its burden of proving father neglected Tysean on the grounds of drug misuse. While the court was entitled to draw a negative inference for father’s failure to testify, same did not provide a missing element of proof. Thus, the court found, based on the evidence presented, ACS failed to establish a prima facie case of neglect against father, dismissing the petition.
