New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 434 - Child Protective Services Administrative Hearing Procedure › Section 434.10 - Evidence

Current through Register Vol. 46, No. 28, July 10, 2024
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.