At page 903 Corroborating child's out-of-court statements in abuse cases16 citing cases“a child's out-of-court statement 'may be corroborated by any evidence tending to support its reliability, and a relatively low degree of corroborative evidence is sufficient in abuse proceedings”
- Matter of Gabriella X. (Erick Y.), 232 A.D.3d 1083 (N.Y. App. Div. 3d Dep't 2024).publishedAs petitioner tendered insufficient proof to corroborate the oldest child's out-of-court statements ( see Matter of Katrina CC. [Andrew CC.] , 118 AD3d at 1066; Matter of Kayla F. , 39 AD3d 983, 985 [3d Dept 2007]; Matter of Sasha R. , 24…
- In re Katrina CC., 118 A.D.3d 1064 (N.Y. App. Div. 3d Dep't 2014).published The purpose of this requirement is to establish the reliability of the hearsay statements, and Family Court has considerable discretion to determine the sufficiency of corroborative evidence (see Matter of Nicole V., 71 NY2d 112, 118-119 […
- In re Dezarae T., 110 A.D.3d 1396 (N.Y. App. Div. 3d Dep't 2013).published Significantly here, a child’s uncorroborated unsworn allegations of abuse alone are insufficient to sustain a finding of abuse (see Family Ct Act § 1046 [a] [vi]) and, although “a child’s out-of-court statement ‘may be corroborated by any…
- In re Benjamin VV., 92 A.D.3d 1107 (N.Y. App. Div. 3d Dep't 2012).publishedGiven Family Court’s discretion to determine the sufficiency of the evidence (see Matter of Sasha R., 24 AD3d 902, 903 [2005]) and according due deference to the court’s credibility determinations (see Matter of Brooke KK. [Paul KK.], 69 A…
- In re Joshua UU., 81 A.D.3d 1096 (N.Y. App. Div. 3d Dep't 2011).publishedHere, we recognize that the mere repetition of Arianne’s statement to different people does not, in and of itself, provide sufficient corroboration of such statement (see Matter of Nicole V., 71 NY2d at 124; Matter of Sasha R., 24 AD3d 902…
- In re Kayla J., 74 A.D.3d 1665 (N.Y. App. Div. 3d Dep't 2010).publishedThe child’s repeated disclosures to several adults are not, in themselves, sufficient since “ ‘the mere repetition of an accusation by a child is not sufficient to corroborate his or her prior statement’ ” (Matter of Sasha R., 24 AD3d 902,…
- In re Rebecca KK., 61 A.D.3d 1035 (N.Y. App. Div. 3d Dep't 2009).publishedA child’s out-of-court statement alleging neglect or abuse “ ‘may be corroborated by any evidence tending to support its reliability, and a relatively low degree of corroborative evidence is sufficient in abuse proceedings’ ” (Matter of Sa…
- In re Kayla N., 41 A.D.3d 920 (N.Y. App. Div. 3d Dep't 2007).publishedSuch a statement “ ‘may be corroborated by any evidence tending to support its reliability, and a relatively low degree of corroborative evidence is sufficient in abuse proceedings’ ” (Matter of Sasha R., 24 AD3d 902, 903 [2005], quoting M…
- In re Kayla F., 39 A.D.3d 983 (N.Y. App. Div. 3d Dep't 2007).publishedSimilarly, no expert validation testimony established a connection between Kayla’s acting-out behavior and possible sexual abuse (see Matter of Kalifa K., 37 AD3d 1180 [2007]; Matter of Sasha R., 24 AD3d 902, 903 [2005]; Matter of Douglas…
- In re Kalifa K., 37 A.D.3d 1180 (N.Y. App. Div. 4th Dep't 2007).publishedFurther, Kalifa’s repetitive statements to various persons do not constitute sufficient corroboration (see Matter of Francis Charles W. , 71 NY2d 112, 124 [1987], rearg denied 71 NY2d 890 [1988]; Matter of Sasha R., 24 AD3d 902, 903 [2005]…
Show 3 more citing cases
- In re Richard SS., 29 A.D.3d 1118 (N.Y. App. Div. 3d Dep't 2006).publishedWhile mere repetition of the accusations is insufficient (see Matter of Nicole V., 71 NY2d 112, 123 [1987]; Matter of Sasha R., 24 AD3d 902, 903 [2005]), some corroboration can be provided through the consistency of a child’s statements (s…
- In re Jade F., 149 A.D.3d 1180 (N.Y. App. Div. 3d Dep't 2017).published “Such a statement may be corroborated by any evidence tending to support its reliability, and a relatively low degree of corroborative evidence is sufficient” {id. [internal quotation marks and citations omitted]; see Matter of Sasha R., 2…
- In re Brooke KK., 69 A.D.3d 1059 (N.Y. App. Div. 3d Dep't 2010).publishedThese out-of-court statements were admissible but, to serve as the basis for a finding of abuse, required corroboration “by any other evidence tending to support their reliability” (Matter of Nicole V, 71 NY2d 112, 118 [1987] [internal quo…
Appeal from an order of the Family Court of Broome County (Ray, J.), entered June 22, 2004, which, inter alia, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, to adjudicate respondent’s niece and nephews to be abused and/or neglected children.
Petitioner commenced this proceeding against respondent, the uncle of a female child born in 1990, alleging that the child and her two brothers were abused and neglected children. Following a fact-finding hearing at which neither the child nor her mother testified, Family Court found her to be an abused and neglected child, and her brothers to be derivatively neglected. Respondent appeals, arguing that the child’s out-of-court state[*903]ments describing the alleged sexual abuse were not sufficiently corroborated (see Family Ct Act § 1046 [a] [vi]).
We recognize that a child’s out-of-court statement “may be corroborated by any evidence tending to support its reliability, and a relatively low degree of corroborative evidence is sufficient in abuse proceedings” (Matter of Joshua QQ., 290 AD2d 842, 843 [2002] [citation omitted]). However, while Family Court has considerable discretion to determine the sufficiency of such evidence (see Matter of Christina F., 74 NY2d 532, 536 [1989]; Matter of Kelly F., 206 AD2d 227, 228 [1994]), we have often noted that “the mere repetition of an accusation by a child is not sufficient to corroborate his or her prior statement” (Matter of Jared XX., 276 AD2d 980, 981 [2000]; see Matter of Stephen GG., 279 AD2d 651, 653 [2001]; see also Matter of Nicole V., 71 NY2d 112, 123-124 [1987]).
The record here indicates that in September 2003, when the child was 13 years old, she first reported the sexual abuse by respondent while being physically disciplined by her mother after having been caught engaging in sexualized play with a male cousin. The child described an incident of sexual abuse occurring four or five years earlier and signed a sworn statement to that effect. At the hearing, petitioner offered the testimony of one of its investigators, an emergency room nurse and a police officer, who each related that the child had made the same allegations of sexual abuse to them. These hearsay statements, however, cannot be cross-corroborated by the out-of-court statement signed by the child under oath (see Matter of Nicole V., supra at 123-124). Nor may these witnesses vouch for the child’s credibility (see Matter of Kelly F., supra at 229). Further, there was no physical evidence of the long-past event and petitioner offered no expert testimony either objectively validating the child’s account or relating any of her past or present conduct or characteristics to the alleged sexual abuse (see Matter of Zachariah VV., 262 AD2d 719, 720 [1999], lv denied 94 NY2d 756 [1999]).
Our conclusion that Family Court erred makes it unnecessary for us to consider respondent’s remaining contentions.
Crew III, J.P., Peters and Mugglin, JJ., concur. Ordered that the order is reversed, on the law, without costs, and petition dismissed.