In re Imman H.
Cases that cite this one
18 later published cases cite this decision.
- Juneau v. Morzillo (Appellate Division of the Supreme Court of New York 2008)
- Matter of Darcy M. (Gethylee C.) (Appellate Division of the Supreme Court of New York 2021)
- Matter of Mullings v. Abrahams (Appellate Division of the Supreme Court of New York 2019)
- Matter of Neleh B. (Quincy J.) (Appellate Division of the Supreme Court of New York 2018)
- Matter of Lesli R. (Luis R.) (Appellate Division of the Supreme Court of New York 2016)
- S., BRIAN, MTR. OF (Appellate Division of the Supreme Court of New York 2016)
- In re Brian S. (Appellate Division of the Supreme Court of New York 2016)
- In re Brian S. (Appellate Division of the Supreme Court of New York 2016)
- In re Naomi P. (NYC Family Court 2015)
- In re Dean T. (Appellate Division of the Supreme Court of New York 2014)
- In re Dean T. (Appellate Division of the Supreme Court of New York 2014)
- In re Orange (Appellate Division of the Supreme Court of New York 2013)
- In re Orange (Appellate Division of the Supreme Court of New York 2013)
- In re Amoya S. (Appellate Division of the Supreme Court of New York 2012)
- In re Amoya S. (Appellate Division of the Supreme Court of New York 2012)
- In re Charlie S. (Appellate Division of the Supreme Court of New York 2011)
- In re James S. (Appellate Division of the Supreme Court of New York 2011)
- In re Kassandra V. (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Family Court Act § 1046 (a) (vi) specifically provides that “[t]he testimony of the child shall not be necessary to make a fact-finding of abuse or neglect.” A child’s out-of-court statements relating to an allegation of neglect may, if adequately corroborated by evidence tending to establish their reliability, support a finding of neglect (see Family Ct Act § 1046 [a] [vi]; Matter of Christopher L., 19 AD3d 597 [2005]; Matter of Khadryah H., 295 AD2d 607, 608 [2002]). “Family Court Judges . . . have considerable discretion to decide whether the child’s out-of-court statements describing incidents of abuse or neglect have, in fact, been reliably corroborated and whether the record as a whole supports a finding of [neglect]” (Matter of Nicole V., 71 NY2d 112, 119 [1987]; see Matter of Candace S., 38 AD3d 786, 787 [2007]; Matter of Khadryah H., 295 AD2d at 608).
Here, the child’s out-of-court statements were corroborated by the testimony of a detective and the testimony and report of the child’s treating psychologist. That evidence, together with a negative inference drawn from the appellant’s failure to testify, was sufficient to support the court’s finding of neglect. Under
After an in camera inspection, the court providently exercised its discretion in denying the mother’s motions for production of the child’s psychiatric and social work treatment records from various institutions because the mother failed to demonstrate that the records were needed for the preparation of her case (see Family Ct Act § 1038 [d]). Mastro, J.P., Covello, Dickerson and Eng, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.