Legal Opinion
In re Destiny P.
New York City Family Court
Decided April 9, 2015PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Lillian Wan, J.
In this child protective proceeding, the issue before the court is the admissibility of the out of court statements of a child who is not named as a subject child in the article 10 petition. Based on the record that is currently before the court, the court finds that these statements are inadmissible under Family Court Act § 1046 (a) (vi).
On May 8, 2014, the Administration for Children’s Services (hereinafter ACS or petitioner) filed a child abuse petition against the mother, Damisa H., and stepfather, Robert H., on behalf of the children, Destiny P. (age…
2Cases cited13 opinions
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- Matter of Yolanda D.New York Court of Appeals · 1996
- In re Leslie K.Appellate Division of the Supreme Court of the State of New York · 1987
- In re Tristan R.Appellate Division of the Supreme Court of the State of New York · 2009
- In re Joshua B.Appellate Division of the Supreme Court of the State of New York · 2006
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3Cited by1 opinion
- Matter of Kaliia F. (Jason F.)Appellate Division of the Supreme Court of the State of New York · 2017