At trial the evidence established that the mother had a long history with DCF, which started during her own childhood. She became a mother as just a teen herself, and because she was unable to provide her children with appropriate care, her parental rights were terminated. Those rights were subsequently restored; however, DCF remained concerned about the mother’s ability to adequately parent her children.
The Court’s Findings
With respect to the more recent allegations of physical abuse, the Court heard extensive testimony regarding problems the mother experienced with the child dating back to when he was born. According to the Court, the testimony and exhibits established that the child was very difficult to manage. Extremely active, he sustained a number of injuries while at school when the mother was not present.
However, the Court also found that the evidence clearly established the mother used a black spatula as her primary tool of punishment. For example, DCF offered photographic evidence which established that the child attended school with injuries to his face stemming from the left side of his mouth to the left side of his eye. According to the Court, the pictures provided compelling evidence of scrapes on the child’s face.
The Court ultimately found that DCF proved by a fair preponderance of the evidence that the mother inflicted actual physical injury on the child by striking him with a black spatula on the left side of his face causing visible injury near his eye and mouth. On those grounds, the Court Ordered that the child be placed with the Department of Children and Families under an Order of Temporary Custody.
Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.
Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well.
If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.
