New York Court of Appeals
In the Matter of Philip M. and Others, Children Alleged to Be Abused. Lorene P., Appellants; Commissioner of…
November 16, 199382 N.Y.2d 238
Summary
The New York Court of Appeals affirmed the Appellate Division’s order finding the parents liable for child sexual abuse. The Court held that the burden of proof never shifts to the parents; they only bear a rebuttable evidentiary presumption and must provide a reasonable explanation of the injuries. The parents’ failure to rebut the prima facie case was sufficient to sustain the Family Court’s findings.