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Freeing Severely Abused Children Just Got Easier

BY Janice G. Inman
August 01, 2003

In a decision issued July 2 in a case of first impression, Chief Judge Judith S. Kaye of the Court of Appeals interpreted the Adoption and Safe Families Act (ASFA), enacted in February 1999, to find that it can be applied retroactively to expedite the placement of severely abused children and their siblings. The case, Matter of Marino S., Jr., No. 90, N.Y.L.J. 7/3/03, Vol. 230; Pg. p. 18, col. 1, involved a child who was raped by her mother's boyfriend, and the couple's attempts to cover up the crime.

The Facts

The child, Shaina T., was 8 years old at the time of the rape. Her mother, Raquel T., had been living with her boyfriend, Marino S., for some time. Raquel T. and Marino S. had two children together: Vivian S. and Marino S. Jr. (4 and 2 years old at the time of the crime, respectively). On July 31, 1997, the mother was asleep with her son in the living room when her boyfriend entered the bed where both girls slept and raped the elder one, Shaina. The rapist's own biological daughter, Vivian, was lying in the bed with her stepsister and witnessed the abuse.

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