A minor child is neglected, if the minor child is denied proper care and attention physically, educationally, emotionally or morally and is permitted to live under conditions, circumstances or associations injurious to well-being. At 2:32 a.m. on Jan. 3, 2013, the respondent father brought his 1-year-old child to the emergency room at Backus Hospital in Norwich, and X-rays disclosed a broken arm. The respondent father initially claimed that the child's arm might have been broken when he picked up the crying child at about 1:15 a.m., and her arm became stuck in the slats of her crib. A social worker, Ashton Hurd, expressed skepticism that the respondent father broke the child's arm when he picked her up, and the respondent father admitted that he swung the child by the arms and shook the child before bedtime. Irsal Cabahug, who testified as an expert at trial, credibly opined that the respondent father should have been able to identify when and how the minor child was injured, because she would have experienced significant pain. The court found it suspicious that the father was unable to pinpoint the exact time and cause of the injury. The court credited Cabahug's testimony that the broken arm would not have been caused by normal play and handling. The court concluded that the respondent father "acted with excessive forcefulness and roughness." The minor child was denied proper care and attention and was exposed to conditions, circumstances or associations injurious to her well-being. The court found that the respondent father neglected the minor child. The mother filed for divorce and was awarded sole custody pendente lite. The respondent father has no criminal record and no history of substance abuse, mental health or domestic violence issues. He has completed a course in parenting. The Department of Children and Families does not recommend commitment of the minor child or protective supervision. The court dismissed the neglect petition.

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