Child’s Out-of-Court Statements Corroborated by Child Abuse Expert/Hearsay Provided Adequate Basis for Finding of Abuse

The Second Department determined Family Court properly ruled that a child’s out-of-court statements were corroborated by a child abuse expert:

A child’s prior out-of-court statements may provide the basis for a finding of abuse, “provided that these hearsay statements are corroborated, so as to ensure their reliability” … . “Any other evidence tending to support the reliability of the previous statements . . . shall be sufficient corroboration” (Family Ct Act § 1046[a][vi]). Validation testimony from an expert that the child’s psychological and behavioral characteristics lead the expert to conclude that the child was sexually abused may supply the corroboration of the child’s out-of-court statements necessary to make out a prima facie case of sexual abuse … . However, as with any expert opinion, the validation testimony must meet a threshold of reliability … . “The Family Court has considerable discretion in deciding whether a child’s out-of-court statements alleging incidents of abuse have been reliably corroborated” … . The Family Court’s credibility findings must be accorded considerable deference on appeal … .Contrary to the father’s contention, the record supports the Family Court’s determination that the testimony of the petitioner’s child sexual abuse expert sufficiently corroborated Alexis S.’s out-of-court disclosures so as to establish a prima facie case of sexual abuse against the father… . Matter of Alexis S 2014 NY Slip Op 01759, 2nd Dept 3-19-14