It is reported that Juan Benitez, age 26, of Paterson New Jersey has been charged with an alleged assault on Thursday, April 14,  and another incident on March 21 when the 5 month old baby girl was reportedly taken to St. Joseph’s Regional Medical Center.  It is reported that the Division of Youth and Family Services was notified of both incidents, but Paterson New Jersey police were reportedly not called in March.

We are very saddened to hear about another shaken baby incident, and wish the child the best possible recovery.  The reports of this incident for which Juan Benitez has been charged cause us to question a few things.  First, if the Division of Youth and Family Services was notified of a prior incident requiring a visit to the hospital for the 5 month old girl, did the DYFS do any investigation?  If so, what did they find or do to protect the girl in between the March 21 incident and the April 15 incident? New Jersey statute law 9:6-8.11 requires the DYFS to take measures to ensure the safety of the child, and to begin an investigation within 24 hours of having received the notice.  If they did investigate and found it substantiated, then 9:6-8:10 required DYFS to notify police.  Did any of that happen?

Chris Keane and the Keane Law Firm are dedicated to representing survivors of shaken baby syndrome.  If you or someone you know needs legal representation for a shaken baby syndrome survivor, feel free to contact Chris or the firm via the web at www.keanelaw.com or www.shakenbabysyndromeblog.com, or toll-free at 888-592-5437.

 


Christopher Keane
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California Child Abuse and Child Injury Lawyer
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