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Uncle Was Properly Found to Be a “Person Legally Responsible” for the Abused Child—He Was Therefore a Proper “Respondent” in a Child Abuse/Neglect Proceeding

The Court of Appeals, over a three-judge dissent, determined the abused child’s uncle, as a person legally responsible (PLR) for the child’s care, was a proper “respondent” in the child abuse/neglect proceeding.  The uncle argued he was not a PLR for the abused child and Family Court therefore did not have jurisdiction over the abuse/neglect proceeding against him:

“…[T]he common thread running through the various categories of persons legally responsible for a child’s care is that these persons serve as the functional equivalent of parents” … . We held that deciding whether “a particular person has acted as the functional equivalent of a parent is a discretionary, fact-intensive inquiry which will vary according to the particular circumstances of each case” … . We listed factors to be considered when determining who is a PLR, which include (1) “the frequency and nature of the contact,” (2) “the nature and extent of the control exercised by the respondent over the child’s environment,” (3) “the duration of the respondent’s contact with the child,” and (4) “the respondent’s relationship to the child’s parents” … . Matter of Trenasia J. (Frank J.), 2015 NY Slip Op 03765, CtApp 5-7-15

 

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