MATTER OF J.D.

Docket Nos. 2020-01019, 2020-03982. Appeal No. 14175-14176. Case Nos. NA-10204/17, NA-10206/17.

196 A.D.3d 423 (2021)

150 N.Y.S.3d 269

2021 NY Slip Op 04274

In the Matter of J.D. and Others, Infants. S.A., Appellant; M.A. and Another, Appellants; Administration for Children's Services, Respondent.

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

Decided July 8, 2021.


Attorney(s) appearing for the Case

Andrew J. Bear , New York, for S. A., appellant.

Larry S. Bachner , New York, for M. A. and E. A., children-appellant.

James E. Johnson , Corporation Counsel, New York ( Rebecca L. Visgaitis of counsel), for respondent.

Dawne A. Mitchell , The Legal Aid Society, New York ( Polixene Petrakopoulos of counsel), attorney for the child J. D.

Concur—Manzanet-Daniels, J.P., Webber, Singh, Kennedy, JJ.


The determination that respondent abused the child is supported by a preponderance of the evidence (see Family Ct Act §§ 1012[f][i][B]; 1046[b][i]). Two caseworkers testified about detailed out-of-court statements made by the child, who described respondent's sexual abuse to them and in forensic interviews. The child's out-of-court statements were further corroborated by the testimony of the child's older sibling, who disclosed that when the sibling was the...

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