AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of SUSAN G., Petitioner, v. CESAR A. PERALES, as Commissioner of the New York State Department of Social Ser

Determination unanimously confirmed without costs and petition dismissed. Memorandum: The determination denying petitioner's request to expunge a report maintained in the Statewide Central Register of Child Abuse and Maltreatment (Central Register) is supported by substantial evidence. Pursuant to Social Services Law § 422 (8) (c) (ii), a report will not be expunged if it is determined that there is "some credible evidence" that the subject of the report committed an act or acts of child abuse or maltreatment (see, Matter of Mary Y. v Perales, 186 A.D.2d 325; Matter of Joseph M. v Perales, 143 A.D.2d 272, lv denied 73 N.Y.2d 708; Matter of Hoover v Waters, 119 A.D.2d 575). The record supports the determination that there is some credible evidence that petitioner "was out of control" and slapped her son in the face with such force that he sustained a reddened bruise that was visible the following day to his pediatrician. The fact that the child may have sustained an unintentional injury may form the basis for a finding of maltreatment, where, as here, it is readily apparent that there is a danger that a child may be seriously injured by the act (see, Matter of Sellnow v Perales, 158 A.D.2d 846, 847; Matter of King v Perales, 153 A.D.2d 694, 695). Thus, on this record, we cannot conclude that petitioner's request was improperly denied.

Finally, petitioner has not challenged the constitutionality of the Central Register procedures involved herein on either State or Federal constitutional grounds (cf., Valmonte v Bane, 18 F.3d 992).

Use AI to get other relevant cases.

Comments

MATTER OF SUSAN v. PERALES
(Apr 15, 1994)