Sunday, December 8, 2013

In re Shane T. case brief

In re Shane T. case brief summary
453 N.Y.S.2d 590 (1982)

Petitioner Commissioner of Social Services (commissioner) sought an adjudication that the minor male and his two sisters were abused and neglected children.

Respondent father repeatedly subjected the minor male to verbal abuse directed at the minor male's sexual identity and required the minor male to regularly massage the father's feet. The father had a history of domestic abuse. Respondent mother testified that she tried to keep peace in the marital home, but she was unable to protect the minor male from the father's continuing verbal abuse. The mother and father were separated, but the mother testified that she was considering reconciliation with the father.


  • The court found that both the mother and the father abused the child. 
  • The father's abuse was ongoing. 
  • The mother allowed the abuse to be inflicted on the minor male and thereby created a substantial risk of protracted impairment to the minor male's emotional health. 
  • The court held that the two sisters were neglected children as defined in N.Y. Fam. Ct. Act § 1012(f)(i)(B).
The court declared that the minor male was an abused child, that his two sisters were neglected children, and that both mother and father participated in the abuse and neglect. The court remanded the matter to the commissioner for a psychiatric and psychological evaluation of the minor male. The court set the matter for dispositional hearing.

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