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Decided on October 18, 2006
Family Court, Kings County

NA-3078/06
Bryanne A. Hamill, J.
On August 31, 2006, the Administration for Children's Services (hereinafter "ACS") filed a motion for summary judgment. ACS asserts there are no triable issues of fact that Brittany B., born on June 6, 1989, was abused by her biological father, James B. (hereinafter "respondent father") as defined by section 1012(e)(iii) of the Family Court Act.
This child protective proceeding was commenced on February 7, 2006, with the filing of an abuse petition against Arleen B. (hereinafter the "respondent mother") and respondent father. The petition alleges that the respondent father committed or allowed to be committed a sex offense against the subject child as defined in Article 130 of the Penal Law. The petition alleges that the subject child informed the caseworker that the respondent father sexually abused her by forcibly engaging in sexual intercourse with her as frequently as four times a week, beginning in September 2003, at the time she was fourteen years old. The subject child also informed the caseworker that the last time the respondent father forcibly subjected her to sexual intercourse was on or about July 2005. The petition further alleges that according to the subject child, on or about July 2005, she disclosed the abuse to the respondent mother, who at the time took the subject child to live with her. The respondent mother informed the caseworker that the respondent father admitted to her that
he sexually abused the subject child.[FN1] [*2]
On April 24, 2006, the respondent father was convicted of Endangering the Welfare of a Child in violation of Penal Law

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