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Judge Jacqueline B. Deane

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The court held a hearing pursuant to Family Court Act §1028 on an abuse petition, which involves allegations of injuries to the head of the then six­-week-old infant subject child, which he received while in the care of his parents, the respondents. Respondent mother now requested that the court return her now nine-year-old daughter to her care and custody. The court granted respondent mother’s application. It determined that, taken as a whole, the evidence establishes that respondent mother is a concerned, loving and attentive parent. In addition, the court determined that respondent mother has not acted in any way that would foster the suspicion that she caused her son’s injuries. The court noted that respondent mother took her son to the hospital, was attentive to and appropriately worried about him throughout his hospitalization, did not want to leave the hospital and expressed concern about how to explain to her daughter what was happening to her brother. The court further determined that respondent mother has fully complied with interviews by numerous caseworkers, police and medical professionals who were investigating the cause of respondent’s son’s injuries.