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Matter of SF

ACS Establishes Stepfather Sexually Abused Child, Derivatively Neglected Siblings

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PROCEDURAL HISTORY

*1  On January 4, 2017, the Commissioner of Administration for Children’s Services [hereinafter referred to as the "Petitioner" or "ACS"] filed petitions against Edwin F. [hereinafter referred to as the "Respondent"] alleging that the Respondent sexually abused and neglected EE (DOB: xx-xx-02) within the meaning of Family Court Act Section 1012 in that he committed sex offenses against her as defined in section 130 of New York Penal Law. The petitions further allege that, based on the Respondent’s sexual abuse of EE, EE’s siblings (AC, DOB xx-xx-xx; SF, DOB xx-xx-xx; MF, DOB xx-xx-xx) were derivatively abused and neglected. At intake on January 4, 2017, the Respondent was not present but the non-respondent mother, Ms. DC [hereinafter referred to as the "Non-Respondent Mother" or "Ms. C"], was present. Ms. C was assigned an attorney from The Bronx Defenders and the children were assigned an attorney from The Legal Aid Society. The Court issued an order releasing the children to the Non-Respondent Mother on certain conditions. The Court also issued a temporary order of protection against the Respondent on behalf of the children that directed the Respondent to stay away from the children except for court ordered supervised visitation.On January 12, 2017, the Respondent appeared in Court and was assigned an attorney from the 18b panel, Michael DeMattio. The Court continued the temporary order of protection against the Respondent and continued the release order to the Non-Respondent Mother.A fact-finding commenced in this matter on March 10, 2017 and continued on May 23, 2017, July 21, 2017, August 21 2017 and September 29, 2017. The Non-Respondent Mother, as well as Child Protective Specialist A. Gilmore [hereinafter referred to as "CPS Gilmore"], testified on behalf of the Petitioner. Ms. Maria K. [hereinafter referred to as "Ms. K"], a social worker from the Legal Aid Society, and Ms. Juliet H. [hereinafter referred to as "Ms. H"], a New York State licensed master social worker, testified on behalf of the attorney for the

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