Judge Steven Mostofsky
Administration for Children's Services (ACS) moved for summary judgment. They asserted the subject child, Tiffany, was an abused child under Family Court Act §1012(e)(i) and (ii), resulting in the second child, Baron, being derivatively abused. Mother AW pleaded guilty to assault and endangering the welfare of a child. She admitted that she intended to and did cause an injury to Tiffany, admitting she only acted in a manner likely to be injurious to the physical or moral welfare of the child. ACS contended these admissions removed any factual issues in the action. Yet, the court stated AW did not admit, and the penal law statutes to which she pleaded guilty did not require, that the injury to the child's physical, mental or moral welfare placed the child at risk of death, disfigurement or impairment of any bodily organ. Thus, it ruled AW's plea failed to resolve the factual issues ACS had to prove in its abuse petition, stating charges were not facts, and ACS failed to submit anything further warranting summary judgment. AW did not oppose ACS's application. Yet, the court stated as ACS failed to establish its entitlement to judgment as a matter of law, the motion was denied regardless of the insufficiency or lack of opposition papers.
