You are here: / / Relatively Low Degree of Corroboration Required to Admit Child’s...
,

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

 

You might also like
Custody Should Not Have Been Awarded to Nonparent
Multiplicitous Indictment Counts Dismissed/Warrantless Search of Impounded Vehicle Upheld
Documents Which Reveal the Identity of Sex Offense Victims Are Categorically Excluded from Disclosure Under the Civil Rights Law and Public Officers Law (Even If the Identifying Information Can Be Redacted)
EVIDENCE DID NOT SUPPORT THE AWARD OF SOLE CUSTODY OF THE CHILDREN TO THE MATERNAL GRANDMOTHER, MATTER REMITTED FOR FURTHER INQUIRY ABOUT A LEVEL ONE SEX OFFENDER IN THE HOME, INFORMATION FIRST LEARNED IN A LINCOLN HEARING CANNOT BE RELIED UPON WITHOUT FURTHER INVESTIGATION (THIRD DEPT).
Failure to Move to Withdraw Plea, and Thereby Preserve the Issue for Appeal, Did Not Prohibit Appeal Here—Defendant Was Wrongly Informed by the Court and Counsel that the Denial of His Speedy Trial Motion Would Be Appealable After the Plea
DEFENDANT’S PRESENCE WHERE METHAMPHETAMINE WAS BEING PRODUCED AND APPARENT POSSESSION (IN A BACKPACK) OF CHEMICAL REAGENTS (BATTERIES AND SALT) USED IN METH PRODUCTION, WERE INSUFFICIENT TO DEMONSTRATE CONSTRUCTIVE POSSESSION OF METH LAB EQUIPMENT, CONVICTIONS REVERSED (THIRD DEPT).
Failure to Provide Meaningful Employee Assistance in Preparing for the Hearing Was a Constitutional, Not Merely Regulatory, Violation Requiring Expungement—Criteria Discussed in Some Depth
Question of Fact Re: the “Hostility” Element of a Prescriptive Easement

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

Copyright © 2023 New York Appellate Digest, LLC
Site by CurlyHost | Privacy Policy

Lease Provision Allowing the Landlord to Recover Attorney’s Fees in an... Insufficient Foundation for Introduction of Grand Jury Testimony as Past Recollection...