MATTER OF JAYLIN S.

Docket No. NN49512/16. Appeal No. 11960-11960A. Case No. 2019-03207.

187 A.D.3d 489 (2020)

130 N.Y.S.3d 283

2020 NY Slip Op 05606

In the Matter of Jaylin S. a Child Alleged to be Neglected. Jasmine E. T., Appellant; Administration for Children's Services, Respondent, et al., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 8, 2020.


The finding of neglect was not supported by a preponderance of the evidence. "Unsworn out-of-court statements of the victim may be received and, if properly corroborated, will support a finding of abuse or neglect" (Matter of Peter G., 6 A.D.3d 201, 203 [1st Dept 2004] [internal quotation marks omitted], citing Family Ct Act § 1046 [a] [vi]). Here, the child's out-of-court statement made during his videotaped interview with...

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