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NJ & CT News

BY ALM Staff
January 31, 2014

NEW JERSEY

Jury Holds DYFS Liable to Beating Victim

On Dec. 13, 2013, a New Jersey jury awarded a severely injured beating victim $166 million, finding that the state child-welfare agency was culpable in allowing the child/victim to remain in the care of a parent the agency was monitoring. The family came to the attention of the Division of Youth and Family Services (DYFS) after the child's maternal grandmother contacted the agency in May 2009, telling them that the father suffered from bipolar disorder, took drugs and had violent tendencies. Later that same day, the four-month-old child was taken by his parents to the hospital. He had a bruised chin and hemorrhages in both eyes. He was taken to the hospital a second time with a tongue injury, but the incident was not reported to DYFS. Then, in July 2009, the child entered the hospital with serious head injuries. During the time between the first and third hospital visits, DYFS had had some contact with the family, but there was little follow-through action. For example, a nurse who conducted an in-home evaluation of the child and recommended that he be referred to a DYFS regional diagnostic treatment center for abuse cases, but this was not done.

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