Manuel R. v. Regina F.
| Decision Date | 14 November 2022 |
| Docket Number | Docket No. NA-XXXX-X/22 |
| Citation | 2022 NY Slip Op 51192 (U) |
| Parties | In the Matter of Manuel R. SARAH R. v. Regina F. MANUEL R., Respondents. Children Under Eighteen Years of Age Alleged to Be Abused and Neglected by |
| Court | New York Family Court |
Unpublished Opinion
New York City Administration for Children's Services By Special Assistant Corporation Counsel Jessica Guilbeault Esq.
The Bronx Defenders - Family Defense Practice Attorney for Respondent Mr. Manuel R. By: Julie Kaplan, Esq.
Joseph Santo, Esq., Attorney for the Respondent Ms. Regina F.
Patricia Moreno, Esq., Attorney for the Child Sarah R.
Youth Defense CenterAttorney for the Child Manuel R. By: Ronald Fisher, Esq.
Hon Robert Hettleman, Family Court Judge
NOTICE:PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF COURT, OR 30 DAYS AFTERSERVICE BY A PARTY OR THE LAW GUARDIAN UPON THE APPELLANT, WHICHEVER IS EARLIEST.
For the reasons described in this decision, I find that the Administration for Children's Services ("ACS") has proven by a preponderance of the evidence that (1) the respondent Manuel R. repeatedly sexually abused the child Sarah and derivatively abused the child Manuel, Jr.; and (2) the respondent Regina F. neglected Sarah and derivatively neglected Manuel, Jr. by failing to respond appropriately or safely to Sarah's disclosures of the abuse.
ACS filed this petition on January 2, 2022. At intake on January 3rd, on the consent of all parties, I released Sarah to her non-respondent father [1] and released Manuel, Jr. to Ms. Regina F. The trial began on May 11, 2022, and continued on May 23, 2022; May 25, 2022; August 2, 2022; and August 3, 2022.
At the trial, ACS called the following witnesses: (1) Meliton Vasquez, ACS Child Protective Specialist ("CPS"); (2) Lakirah Robinson, Sarah's therapist at Robins Psych; and (3) Rosemary Ieda-Gargano, a supervisor of Ms. Robinson at Robins Psych. ACS moved into evidence the following exhibits: (1) Petitioner's Exhibit ("Pet's Ex.") 1, Sarah's treatment records from Robins Psych; (2) Pet's Ex. 2, records from the New York City Police Department ("NYPD"); (3) Pet's Ex. 3, an Oral Report Transmission dated December 28, 2021, called in by Ms. Robinson; and (4) Pet's Ex. 4, the curriculum vitae of Ms. Ieda-Gargano.
The attorney for Ms. Regina F. called as witnesses (1) Ms. Regina F. and (2) CPS Judith Garcia. The attorney for Mr. Manuel R. called Mr. Manuel R. as a witness and introduced into evidence Respondent Father's Exhibit ("RF's Ex.") A, Sarah's treatment records from St. Barnabas Hospital; and RF's Ex. B, the curriculum vitae of Dr. Simonsson. The attorneys for Sarah and Manuel, Jr. [2] did not support any findings in this case, and they presented no witnesses or evidence.
The parties all stipulated that Mr. Manuel R. was a "person legally responsible" for the child Sarah for purposes of this trial.
At the end of the evidentiary portion of the trial, the parties chose to submit written summations, and the case was adjourned to October 20, 2022, for my decision. On October 18, 2022, after all summations were submitted, counsel for Mr. Manuel R. filed an Order to Show Cause, seeking to re-open the trial due to the existence of new evidence. On, I granted the motion and briefly re-opened the trial. The attorney for Mr. Manuel R. called Dr. Estefan, a contracted psychiatrist from Abbott House, solely for the purpose of introducing into evidence RF's Ex. C, a Psychological Evaluation of Sarah done by mental health providers at Abbott House on September 2, 2022. All parties again rested, and counsel gave brief oral arguments in light of the new evidence. On the record that same day, I rendered my decision on the trial - briefly, with this written decision to follow - and made a Dispositional Order after hearing from all counsel.
I found CPS Vasquez to be a credible witness. He answered questions in a straightforward manner on both direct and cross, he displayed no apparent bias towards or against anyone involved in the case, and his testimony was corroborated by the other evidence at trial.
CPS Vasquez testified that on December 29, 2021, he met Ms Regina F. in her home and informed her of the allegations in this case. Ms. Regina F. immediately responded that Sarah was lying because she had mental health issues, wanted more freedom, and had run away from home the previous weekend. CPS Vasquez testified that Ms. Regina F. admitted that Sarah had disclosed to her that Mr. Manuel R. had touched Sarah inappropriately and done sexual things to her. Ms. Regina F. continued that in response, she took Sarah to St. Barnabas Hospital for an emergency checkup. Ms. Regina F. said that when the doctors told her and Sarah of the results - that tests for sexually transmitted diseases ("STD's") were negative and that there were no findings of sexual abuse - Sarah was "unhappy" and said the medical findings were "lies." Ms. Regina F. ultimately told CPS Vasquez that she no longer wanted Sarah to remain in her home because Sarah was a danger to the other children. Ms. Regina F. advised that Sarah had gone to stay with her biological father, and Ms. Regina F. was content with that arrangement.
On December 29, 2021, CPS Vasquez also spoke to Sarah on a video call while Sarah was at her paternal aunt's home. At first, Sarah said that her relationship with Mr. Manuel R. was both "good and bad." CPS Vasquez asked for more information about Mr. Manuel R., but Sarah did not appear to want to talk about him. Sarah told CPS Vasquez that she did not want to be back in the family's home, but she stated that the other children were safe and that she did not want Manuel, Jr. to be removed from his mother's care. CPS Vasquez then asked Sarah again about the allegations, and Sarah disclosed an incident on December 17, 2021, where Mr. Manuel R. videotaped Sarah in the bathroom while she was getting ready for school. When she noticed this, Sarah closed and locked the bathroom door. Sarah stated that at the time of this incident, Ms. Regina F. was dropping off another child at the bus and thus was not at home, and Sarah said she did not tell her mother about the incident. Sarah next described that Mr. Manuel R. would bribe her to do "stuff." When CPS Vasquez asked for an example, Sarah said that if Ms. Regina F. had taken Sarah's phone away as a form of punishment, Mr. Manuel R. would give it back in exchange for "doing stuff" to him. When CPS Vasquez asked what "stuff" meant, Sarah said she did not want to discuss what "stuff" was. Sarah did not provide any more details about the alleged abuse during this conversation, and CPS Vasquez did not ask for more specifics.
Also on December 29, 2022, CPS Vasquez spoke to the four foster children who were in Ms. Regina F.'s care at that time: Aron, Ashley, Anthony, and Alyssa. CPS Vasquez testified that each child said that Mr. Manuel R. was good to them or that they had a good relationship with Mr. Manuel R. Ashley, Anthony, and Alyssa each stated that Mr. Manuel R. never made them uncomfortable. Ashley told CPS Vasquez that Sarah did not like Mr. Manuel R. Aron told him that Sarah had a bad relationship with Mr. Manuel R., that Sarah lied on Mr. Manuel R. and that Mr. Manuel R. did not touch her. However, CPS Vasquez did not ask Aron the basis or source of this information. [3]
I found Ms. Robinson's testimony credible. She answered questions directly on direct and cross examination, she did not appear to exaggerate or overstate any of her testimony or observations, and her testimony was complimented by the records in evidence from Robins Psych. She gave some brief testimony that raised questions as to whether she has a bias in favor of Sarah or victims in general. For example, she said that she had never been involved in a case with false allegations and that her role as a therapist and mandated reporter is that when allegations are made, she must report them without knowing if patients are telling the truth. However, she also acknowledged that she is not always able to tell when someone is telling the truth to her and that the truth "does matter." In any event, I did not find that this point of view affected the substance or credibility of her testimony. The relevant portions of her testimony were not seriously disputed, and the conversations she described with Sarah and Ms. Regina F., as well as her observations of Sarah's demeanor, were confirmed by Ms. Regina F. and other evidence in the case.
Ms Robinson was Sarah's therapist at Robins Psych from Sarah's intake in June of 2021 through January of 2022. The treatment sessions are documented in Pet's Ex. 1, described further below. When Sarah was initially evaluated - by Dr. Robins, not Ms. Robinson - she was diagnosed with major depressive disorder and anxiety. Ms. Robinson testified that during their sessions together, Sarah discussed numerous stressors in her life: trouble with peers, falling grades at school, family dynamics, her relationship with her biological father, going through a breakup with a girlfriend, the COVID-19 pandemic, and a rocky relationship with her mother, Ms. Regina F. The problems with Ms. Regina F. included poor communication, arguments, Ms. Regina F. punishing Sarah or taking away privileges (like her cellphone) and missing the more positive relationship she used to have with her mother. Sarah also reported a history of self-harm, including cutting herself as a coping...
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