In re Kyanna T.
Opinion of the Court
The petitioner established by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]), that Winston R. sexually abused Kyanna T. in the presence of the child Jamella R. The petitioner further established by a preponderance of the evidence that the mother neglected Kyanna T. by failing to take actions to protect her or to investigate whether Jamella R.’s allegations of the sexual abuse were true, and by permitting Winston R. to continue to reside with Kyanna T. after she was informed by the child Jamella R. that such abuse had taken place (see Matter of Heather S., 19 AD3d 606, 608 [2005]). Kyanna T.’s out-of-court statements were corroborated by her sworn in-court testimony, the out-of-court statements by the child Jamella R. who witnessed the abuse, and by expert testimony (see Matter of Alaysha E. [John R.E., 94 AD3d 988, 988-989 [2012]). In light of the conflicting testimony presented at the hearing, the factual findings of the Family Court turned largely on its assessment of the credibility of the witnesses, which is entitled to great weight (see Matter of Lauryn H. [William A.], 73 AD3d 1175, 1176 [2010]).
A finding of sexual abuse of one child does not by itself establish that other children in the household have been derivatively abused or neglected (id. at 1177). Here, however, Winston R.’s abuse of Kyanna T. in the presence of Jamella R. evinced a flawed understanding of his duties as a parent and impaired parental judgment sufficient to support the Family Court’s finding that Winston R. derivatively abused Jamella R. and derivatively neglected the children Ken T. and Isiaiah R. (see id.; Matter of Grant W. [Raphael A.], 67 AD3d 922, 922 [2009]).
The record further demonstrates that the Family Court did not err in excluding Winston R. and the mother from the courtroom during Kyanna T.’s testimony. The Family Court properly balanced the respective interests of the parties and reasonably concluded that Kyanna T. would suffer emotional trauma were she compelled to testify in their presence (see Matter of Elisha M.W. [Ronald W.], 96 AD3d 863, 864 [2012]; Matter of Deshawn D.O. [Maria T.O.], 81 AD3d 961, 962 [2011]; cf. Matter of Heather S., 19 AD3d at 609). Moreover, because the attorneys for Winston R. and the mother were present during Kyanna T.’s testimony and cross-examined her on their behalf, the constitutional rights of the mother and Winston R. were not violated by their exclusion from the courtroom (see Matter of Elisha M.W. [Ronald W.], 96 AD3d at 864; Matter of Deshawn D.O. [Maria T.O.], 81 AD3d at 962; Matter of Q.-L. H., 27 AD3d 738, 739 [2006]). Skelos, J.E, Balkin, Leventhal and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.