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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2016 NY Slip Op 06663
Regular Panel Decision
Oct 11, 2016

Matter of Ricardo M.J. (Kiomara A.)

The Appellate Division, First Department, affirmed a Family Court order which found the respondent mother, Kiomara A., neglected her child, Ricardo M.J., through excessive corporal punishment. The Family Court's determination was supported by evidence including the child's statements to a social worker about being beaten with a spiked belt, the mother's admission, and observations of bruises on the child's body. The child's out-of-court statements were corroborated by the physical evidence and statements made to a detective. The appellate court upheld the Family Court's credibility assessment, noting the mother offered inconsistent explanations for the child's injuries. The appeal from the fact-finding order was dismissed as subsumed in the appeal from the order of disposition.

NeglectCorporal PunishmentChild AbuseFamily LawAppellate ReviewCredibility AssessmentEvidenceBruisesChild InterviewSocial Worker Testimony
References
4
Case No. MISSING
Regular Panel Decision
Jun 22, 2009

In re Sasha B.

The case concerns an appeal from a Family Court order in Bronx County, dated June 22, 2009, which found a respondent mother neglected her child. The determination stemmed from an incident where the mother left her sleeping 11.5-year-old child alone on a subway train. The child subsequently navigated her way back to school. The appellate court affirmed the fact-finding determination of neglect, citing corroborating statements and the child's inability to get home, which indicated an imminent risk of harm. However, the appeal concerning the child's placement was dismissed as moot. A dissenting justice argued that the evidence did not establish "imminent danger" as legally defined, noting that the child safely returned to school and prior alleged incidents lacked sufficient corroboration.

Child NeglectSubway IncidentParental SupervisionImminent DangerCorroboration of EvidenceFamily Court ActAppellate ReviewMootness DoctrineDissenting OpinionChild Welfare
References
9
Case No. MISSING
Regular Panel Decision

In re Nicole S.

This neglect proceeding under Article 10 of the Family Court Act addresses the corroboration required for a child’s unsworn, out-of-court statements. The petitioner alleged respondent Steven S. physically injured his four-year-old child, presenting evidence solely through caseworkers' testimony recounting the child's statements and observations of injuries. The court found that while independent evidence confirmed injuries, there was no corroboration regarding the perpetrator's identity or the manner of injury, independent of the child’s hearsay statements. Applying the corroboration standard from criminal and juvenile delinquency cases, which mandates corroboration for all material elements, the court determined the petitioner failed to satisfy this burden. Consequently, the petition against Steven S. was dismissed.

Child NeglectFamily Court ActCorroboration RequirementUnsworn Child StatementHearsay ExceptionPhysical InjuryAbuse or Neglect ProceedingSufficiency of EvidenceDue Process ConsiderationsCriminal Procedure Law Standards
References
14
Case No. MISSING
Regular Panel Decision

In re Brian R.

The Administration for Children’s Services (ACS) moved to admit out-of-court statements from the non-respondent mother at a fact-finding hearing in a child protective proceeding against Mr. V. ACS alleged Mr. V. physically abused the mother in the presence of their child, and the mother is now unwilling to testify due to threats from Mr. V. and his family. Citing the Sirois doctrine, ACS requested the admission of these hearsay statements, arguing the respondent's misconduct caused the witness's unavailability. The court found that ACS met the threshold for a Sirois hearing, ordering one to determine the mother's unavailability, whether it was procured by Mr. V.'s misconduct, and if any statements qualify as "excited utterances." The court also ruled that the applicable standard of proof for these exceptions in Article 10 proceedings is a fair preponderance of the evidence.

Child Protective ProceedingSirois HearingHearsay ExceptionWitness UnavailabilityDefendant MisconductDomestic ViolenceFamily Court ActEvidentiary HearingBurden of ProofPreponderance of Evidence
References
21
Case No. 2025 NY Slip Op 02287
Regular Panel Decision
Apr 22, 2025

Matter of Jahzara J.S. (Joshua S., Jr.)

The Appellate Division, First Department, affirmed an order from Family Court, Bronx County, which found the respondent father neglected the subject child. The court determined that the finding of neglect was supported by a preponderance of the evidence. The child's out-of-court statements alleging maltreatment were sufficiently corroborated by multiple disclosures to different individuals and by daycare workers' observations of significant changes in the child's demeanor and the exhibition of age-inappropriate behavior following an alleged incident. The Family Court's decision to credit the child's statements, despite minor inconsistencies, was upheld.

NeglectChild MaltreatmentOut-of-Court StatementsCorroborationPreponderance of EvidenceFamily Court ActAppellate ReviewChild's DemeanorAge-Inappropriate BehaviorSocial Services
References
7
Case No. MISSING
Regular Panel Decision

In re Frank F.

The mother appealed an order of disposition from the Family Court, Queens County, dated November 14, 2003, which, upon a fact-finding order, found her to have abused and neglected her child and released the child to the father. The appellate court affirmed the order, ruling that the child's out-of-court statements of abuse and neglect were sufficiently corroborated by a social worker's personal observations of the child’s injuries and the child's medical records. The court found no reason to disturb the Family Court's determination of factual issues and issues of credibility, stating that a preponderance of the evidence established the child was abused and neglected by the mother.

child protective serviceschild abusechild neglectcorroborationout-of-court statementsmedical recordssocial worker observationsFamily Court ActappealQueens County
References
9
Case No. MISSING
Regular Panel Decision

In re Addie F.

The case involves an appeal regarding the adjudication of a subject child to be abused by the respondent in Family Court, Chenango County. The petitioner initiated proceedings after a hotline report and the child's out-of-court statements detailing sexual abuse by the respondent. Although the child later recanted, the Family Court sustained the abuse petition, finding the statements corroborated by the child's consistent, age-inappropriate knowledge of sexuality, expert testimony from a clinical social worker, and the respondent's own concession of sexual contact. The Appellate Division affirmed the Family Court's decision, concluding that the child's statements were sufficiently corroborated and the evidence supported the finding of abuse.

Child abuseSexual abuseFamily CourtAppellate reviewCorroborationOut-of-court statementsExpert testimonyCredibilityRecantationSocial worker testimony
References
4
Case No. MISSING
Regular Panel Decision

In re Evan Y.

The Family Court of Tioga County found a child, born in 1994, to be abused by his father (respondent) based on the child's out-of-court statements of being repeatedly fondled and exhibited troubling behaviors such as sexual acting out, nightmares, bed-wetting, and suicidal tendencies. Petitioner initiated this child abuse proceeding, and the respondent, who had a prior neglect adjudication, chose not to testify at the fact-finding hearing. Expert witnesses, clinical social workers Mary Bado and Sarah Walsh, provided corroborating testimony that the child's behaviors were consistent with sexual abuse. Family Court credited this expert testimony and found sufficient corroboration for the child's statements. The respondent appealed the finding of sexual abuse, but the appellate court affirmed the Family Court's order, noting the permissible inference against the non-testifying respondent and the ample corroborative evidence from the expert witnesses.

child abusesexual abuseFamily Court Act Article 10corroborationexpert testimonyout-of-court statementschild witnessesappellate reviewparental rightssexual acting out
References
9
Case No. 07-07-0126-CV
Regular Panel Decision
Mar 28, 2008

in the Interest of M.D., a Child

Natasha and Timothy appealed the termination of their parental rights to their son, M.D. Their appeal challenged the sufficiency of the evidence, the child's best interest, and argued due process violations concerning the requirement to file a statement of points within fifteen days. The appellate court affirmed the trial court's order, concluding that the parents' arguments on sufficiency of evidence, best interest, and public policy were not preserved due to untimely filing of the statement of points. Additionally, the court rejected their claims that the fifteen-day filing requirement for a statement of points violated their federal and state due process rights.

Parental RightsDue ProcessAppellate ProcedureSufficiency of EvidenceChild WelfareTexas Family LawStatement of PointsTimelinessAffirmationParental Rights Termination
References
31
Case No. MISSING
Regular Panel Decision
Feb 24, 1988

In re Laura W.

This case concerns an appeal from a Family Court order in New York County that prohibited a father from having any visitation or direct contact with his daughter for 18 months, following a finding of sexual abuse. The appellate court unanimously affirmed the order. The decision highlighted that unsworn out-of-court statements from the victim are admissible in child protective proceedings if corroborated by other reliable evidence. In this instance, substantial medical evidence indicating an enlarged vaginal opening and the absence of a hymen, along with validation testimony from social workers detailing the child's behavioral symptoms consistent with posttraumatic stress syndrome, provided sufficient corroboration. The court also upheld the qualification of expert witnesses and the decision to forgo an additional validation interview, noting that the 18-month period of the protective order had passed, rendering arguments regarding its length moot.

sexual abusechild protectionfamily lawvisitation rightsexpert testimonycorroborationhearsay evidencemedical evidencesocial worker testimonyposttraumatic stress syndrome
References
7
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