Relatively Low Degree of Corroboration Required to Admit Child’s Out-of-Court Statements Re: Abuse or Neglect

The Third Department, in a custody proceeding, explained the level of corroboration required to render a child’s out-of-court statements admissible:

Both the mother and the attorney for the children contend that the testimony of the father’s psychiatrist … concerning the older child’s out-of-court statements are inadmissible hearsay. We disagree. A child’s out-of-court statements are admissible in a custody dispute if the statements relate to abuse or neglect, provided that such statements are corroborated by other evidence … . “The degree of corroboration required is relatively low” … , and the hearing court “is accorded considerable discretion in determining whether there is sufficient corroboration” … . Heather B v Daniel B, 2015 NY Slip Op 01506, 3rd Dept 2-19-15