N.Y. Comp. Codes R. & Regs. tit. 18 § 434.10

Current through Register Vol. 46, No. 19, May 8, 2024

Section 434.10 - Evidence

In any hearing under this Part:

(a) Proof that the appellant abused or maltreated one child is admissible evidence on the issue of whether the appellant abused or maltreated any other child.

(b) Proof of injuries sustained by a child or proof of the condition of a child which is of such a nature as would ordinarily not have occurred except by reason of the acts or omissions of the appellant is prima facie evidence that the child was abused or maltreated by the appellant.

(c) Any writing, record or photograph, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any condition, act, transaction, occurrence or event relating to a child in a child abuse or maltreatment proceeding by any hospital or any other public or private agency is admissible in evidence as proof of that condition, act, transaction, occurrence or event, if the hearing officer finds that it was made in the regular course of business of any hospital or any other public or private agency and that it was made in the regular course of such business at the time of the act, transaction, occurrence or event, or within a reasonable time thereafter.

(d) Previous statements made by the child relating to any allegations of abuse or maltreatment are admissible in evidence. The testimony of the child during the hearing is not necessary to support a finding of abuse or maltreatment.

(e) Proof of the impairment of emotional health or impairment of mental or emotional condition as a result of the unwillingness or inability of the appellant to exercise a minimum degree of care toward a child may include competent opinion or expert testimony and may include proof that such impairment lessened during a period when the child was in the care, custody or supervision of a person or agency other than the appellant.

(f) A Family Court finding, in a proceeding brought pursuant to article 10 of the Family Court Act, that a child has been abused or neglected is presumptive evidence that the report of child abuse and maltreatment maintained by the Statewide Central Register of Child Abuse and Maltreatment concerning such child is substantiated by a fair preponderance of the evidence if the allegations are the same; however, dismissal or withdrawal of a Family Court petition does not create a presumption that there is a lack of a fair preponderance of the evidence to prove that a child has been abused or maltreated for purposes of this Part.

(g) An appellant may introduce evidence to rebut any presumptions contained in this section.

(h) Some credible evidence is evidence that is worthy and capable of being believed.

(i) Fair preponderance of evidence is evidence which outweighs other evidence which is offered to oppose it.

(j) Relevant evidence is evidence having any tendency to make the existence of any fact that is at issue more or less probable than it would be without the evidence.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 434.10