In re Tanya T., 252 A.D.2d 677 (N.Y. App. Div. 1998). · Go Syfert
In re Tanya T., 252 A.D.2d 677 (N.Y. App. Div. 1998). Cases Citing This Book View Copy Cite
27 citation events (15 in the last 25 years) across 3 distinct courts.
Strongest positive: Matter of Chloe L. (Samantha L.) (nyappdiv, 2021-12-09)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Chloe L. (Samantha L.)
N.Y. App. Div. · 2021 · confidence medium
The child's statements were sufficiently corroborated based upon the testimonies of the social worker, the investigator and the grandmother, as well as the video depicting the interview between the investigator and the child ( see Matter of Isabella I. [Ronald I.] , 180 AD3d at 1261-1262; Matter of Tanya T. , 252 AD2d 677, 678-679 [1998], lv denied 92 NY2d 812 [1998]).
cited Cited as authority (rule) Matter of Lee-Ann W. (James U.)
N.Y. App. Div. · 2017 · confidence medium
Matter of Tanya T., 252 AD2d 677, 678-679 [1998], lv denied 92 NY2d 812 [1998]), and sexual behavior or knowledge beyond a child’s years (see e.g.
discussed Cited as authority (rule) In re Miranda HH.
N.Y. App. Div. · 2011 · confidence medium
While “some corroboration can be provided through the consistency of a child’s statements” (Matter of Richard SS., 55 AD3d 1001, 1003 [2008] [internal quotation marks and citations omitted]), Miranda’s out-of-court statements were further corroborated by her own in camera testimony (see Matter of Justin CC. [Tina CC.], 77 AD3d at 1059 ; Matter of Brandi U., 47 AD3d 1103, 1104 [2008]), and through the testimony of Balmaceda and Hippchen regarding Miranda’s increased sexualized behavior (see Matter of Tanya T., 252 AD2d 677, 678 [1998], lv denied 92 NY2d 812 [1998]; Matter of Ashley M.…
discussed Cited as authority (rule) In re Rebecca KK.
N.Y. App. Div. · 2009 · confidence medium
Corroborative evidence included a caseworker’s observation of inappropriate sexual behavior by respondent during a visit with the child, the testimony of a psychologist who examined the child and opined that her behavior was consistent with ongoing abuse by respondent, and evidence that the child’s behavior improved dramatically once contact with respondent ceased (see Matter of Caitlyn U., 46 AD3d 1144, 1146 [2007]; Matter of Richard SS., 29 AD3d 1118, 1121 [2006]; Matter of Cecilia PP., 290 AD2d 836, 837-838 [2002]; Matter of Tanya T., 252 AD2d 677, 678-679 [1998], lv denied 92 NY2d 812 …
discussed Cited as authority (rule) In re Hobb Y. (2×)
N.Y. App. Div. · 2008 · confidence medium
Accordingly, the paramount issue in determining whether visitation should be permitted by a parent who has committed neglect is the best interests of the children (see Matter of Tanya T., 252 AD2d 677, 679 [1998], lv denied 92 NY2d 812 [1998]), “and an inquiry into the child[ren’s] best" interest[s] involves consideration of the parent’s ability to supervise the child[ren] and any potential threat of future abuse or neglect” (Matter of Kathleen OO., 232 AD2d 784, 786 [1996]; accord Matter of Victoria X., 34 AD3d at 1118 ).
discussed Cited as authority (rule) In re Liza O.
N.Y. App. Div. · 2008 · confidence medium
This evidence, along with evidence of adverse changes in the child’s behavior, was sufficient to corroborate the child’s out-of-court statements regarding the abuse (see Matter of Cassandra C., 300 AD2d 303 [2002]; Matter of Tanya T, 252 AD2d 677, 678-679 [1998]; Mat ter of Darnell Mc., 230 AD2d 733 , 734 [1996]; Matter of Latisha W., 221 AD2d 645 [1995]).
discussed Cited as authority (rule) In re Colberdee C.
N.Y. App. Div. · 2003 · confidence medium
Respondent correctly contends that where, as here, the evidence includes out-of-court statements of a child, such statements must be adequately corroborated to constitute admissible proof of abuse (see Matter of Tanya T., 252 AD2d 677, 678 [1998], lv denied 92 NY2d 812 [1998]).
discussed Cited as authority (rule) In re Evan Y.
N.Y. App. Div. · 2003 · confidence medium
While only out-of-court statements of the child were received regarding his description of respondent’s conduct, such statements are admissible at a fact-finding hearing involving abuse or neglect and, if corroborated, can support a finding that such conduct occurred (see Family Ct Act § 1046 [a] [vi]; Matter of Nicole V., 71 NY2d 112, 117-118 [1987]; Matter of Tanya T., 252 AD2d 677, 678 [1998], lv denied 92 NY2d 812 [1998]).
discussed Cited as authority (rule) In re Lisa Z.
N.Y. App. Div. · 1999 · confidence medium
Papa v Nassau County Dept. of Social Servs., 516 US 1093 ; Matter of Katje YY., supra, at 696) and evidence of behavioral changes in a child (see, Matter of Tanya T., 252 AD2d 677, 678, lv denied 92 NY2d 812 ; Matter of Ashley M., supra, at 858; Matter of Shaun X., supra, at 731-732) have been held to constitute sufficient corroboration.
Retrieving the full opinion text from the archive…
In the Matter of Tanya T. and Others, Children Alleged to be Abused and Neglected. Albany County Department of Social Services, Respondent Steven U.
Appellate Division of the Supreme Court of the State of New York.
Jul 9, 1998.
252 A.D.2d 677
1998 N.Y. App. Div. LEXIS 8152
Cardona.
Cited by 22 opinions  |  Published
—Cardona, P. J.

Appeal from an order of the Family Court of Albany County (Tobin, J.), entered February 14, 1997, which[*678] granted petitioner’s application, in a proceeding pursuant to Family Court Act article 10, to adjudicate Tanya T., Tabitha T., Deion T. and Davonna T. to be abused and/or neglected children.

Respondent is the father of Davonna (born in 1993) and Deion (born in 1992) who reside in the City of Albany with their mother and stepsisters, Tanya (born in 1981) and Tabitha (born in 1984). In February 1996, petitioner filed a child abuse/ neglect petition against respondent alleging, inter alia, that in December 1995 respondent sexually molested Davonna in Deion’s presence. Following fact-finding and dispositional hearings, Family Court issued an order of supervision for a period of one year as well as an order of protection in conjunction therewith mandating various treatment programs for respondent and prohibiting visitation with the children pending further order of the court. This appeal by respondent followed.

Initially, it is to be noted that Family Court’s findings of abuse and neglect must be upheld if supported by a preponderance of the evidence (see, Matter of Philip M., 82 NY2d 238, 243; Matter of Ashley M., 235 AD2d 858). Where the evidence against a respondent consists of out-of-court statements of a child, such statements must be adequately corroborated to constitute proof of abuse or neglect (see, Family Ct Act § 1046 [a] [vi]; Matter of Nicole V., 71 NY2d 112, 117-118). Notably, “Family Court has considerable discretion in determining whether a child’s out-of-court statements have been sufficiently corroborated” (Matter of Ashley M., supra, at 858). Courts have found sufficient corroboration provided by the testimony of child abuse experts (see, Matter of Nicole V., supra, at 119-120; Matter of Thomas N, 229 AD2d 666, 668; Matter of Daniel TT., 169 AD2d 951), evidence of behavioral changes in the child (see, Matter of Ashley M., supra, at 858; Matter of Randy A., 248 AD2d 838, 839) and the testimony of other children who witnessed the incident of abuse (see, Matter of Nicole V., supra, at 123-124).

Initially, we reject respondent’s claim that the out-of-court statements of Deion and Davonna were not sufficiently corroborated to establish abuse and neglect by a preponderance of the evidence. The mother testified to the children’s statements describing the alleged abuse. The statements, which were completely consistent with one another, disclosed that respondent touched Davonna’s genital area while masturbating on her bed as Deion watched. The mother stated that, after this incident, the behavior of both children changed dramatically. Deion regressed to bed wetting and thumb sucking and would[*679] not sleep in his room, claiming that respondent had “peed on his toys”. He also began simulating sexual activity with dolls, teddy bears and other children. Davonna began having nightmares and frequently asked to have her hands washed. She also began simulating sexual activity with dolls. A social worker testified that the children’s behavior was indicative of sexual abuse or exposure to sexual activity. Furthermore, while the medical evidence did not conclusively establish that Davonna had been sexually abused, it revealed that her genital area was red and swollen, a finding consistent with sexual abuse. Given the evidence of the children’s behavioral changes, together with the testimony of the social worker and medical experts, and the consistency of the children’s own statements, we conclude that sufficient corroboration existed to support Family Court’s findings of abuse and neglect by a preponderance of the evidence.

Likewise, we find no merit to respondent’s claim that Family Court improperly denied his petition for visitation with Deion and Davonna. Initially, we note that the best interests of the children is the paramount consideration in determining whether visitation should be permitted by a parent who has committed abuse and/or neglect (see, Matter of Kathleen OO., 232 AD2d 784, 786). We acknowledge that “ ‘[t]he denial of visitation to a natural parent is a drastic remedy and should be done only where there are compelling reasons and substantial evidence that such visitation is detrimental to the children’s welfare’” (id., at 786, quoting Matter of Farrugia Children, 106 AD2d 293). Nevertheless, “the rights of a parent are subordinate to the purpose of Family Court Act article 10, which is to protect a child from a parent who is either unable or unwilling to discharge his or her parental responsibility properly” (id., at 786).

In this case, the child protective worker associated with the family testified that the children were fearful of respondent and that respondent had acted violently toward their mother in the children’s presence. She stated that the children should not be given therapeutic contact with respondent until he completed certain treatment programs. The social worker confirmed that, during counseling with the children, they expressed their fear of respondent. This testimony supports Family Court’s finding that visitation with respondent would not be in the children’s best interests. Furthermore, under the particular circumstances presented, we find no abuse of discretion in Family Court’s imposition of the requirement that respondent successfully complete various treatment programs[*680] and therapeutic visitation as a condition to consideration of his petition for visitation.

Lastly, we have considered respondent’s claims that he was improperly denied the opportunity to cross-examine certain witnesses and that he was deprived of the effective assistance of counsel, and find them to be unavailing.

White, Peters, Carpinello and Graffeo, JJ., concur. Ordered that the order is affirmed, without costs.