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In re H.Y.

Pennsylvania Superior Court

June 9, 2020

H.Y.’s parents appealed from the order of adjudication and disposition finding H.Y. was the victim of child abuse and dependent. During a medical examination, doctors found numerous bone fractures and bruises on the child’s body. Children & Youth Services filed a dependency petition. At the subsequent dispositional hearing, CYS presented several doctors who opined that the fractures were the result of child abuse. But the parents responded with their own expert, who opined that a medical condition made the child susceptible to the fractures. Citing to Section 6381(d) of the Child Protective Services Law, the Court noted that the identity of the perpetrator of child abuse must only be established through prima facie evidence. And citing In re L.Z., 111 A.3d 1164 (Pa. 2015), it is the parents’ burden to rebut that finding. Here, the parents did not do so, thus the order was affirmed.

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