§ 651-A — Reports of child abuse and maltreatment; admissibility

New York § 651-A

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 3: Custody
• Art. 6: Permanent Termination of Parental Rights, Adoption, Guardianship and Custody

Text

§ 651-a. Reports of child abuse and maltreatment; admissibility. In\nany proceeding brought pursuant to this section to determine the custody\nor visitation of minors, a report made to the statewide central register\nof child abuse and maltreatment, pursuant to title six of article six of\nthe social services law, or a portion thereof, which is otherwise\nadmissible as a business record pursuant to rule forty-five hundred\neighteen of the civil practice law and rules shall not be admissible in\nevidence, notwithstanding such rule, unless an investigation of such\nreport conducted pursuant to title six of article six of the social\nservices law commenced on or before December thirty-first, two thousand\ntwenty-one has determined that there is some credible evidence of the\nalleged abuse or maltreatment, or unless an investigation of such report\nconducted pursuant to title six of article six of the social services\nlaw commenced on or after January first, two thousand twenty-two\ndetermines that there is a fair preponderance of the evidence of the\nalleged abuse or maltreatment, that the subject of the report has been\nnotified that the report is indicated. In addition, if such report has\nbeen reviewed by the state commissioner of social services or his\ndesignee and has been determined to be unfounded, it shall not be\nadmissible in evidence. If such report has been so reviewed and has been\namended to delete any finding, each such deleted finding shall not be\nadmissible. If the state commissioner of social services or his designee\nhas amended the report to add any new finding, each such new finding,\ntogether with any portion of the original report not deleted by the\ncommissioner or his designee, shall be admissible if it meets the other\nrequirements of this section and is otherwise admissible as a business\nrecord. If such a report, or portion thereof, is admissible in evidence\nbut is uncorroborated, it shall not be sufficient to make a fact finding\nof abuse or maltreatment in such proceeding. Any other evidence tending\nto support the reliability of such report shall be sufficient\ncorroboration.\n