Evidence

§ 1046. Evidence. (a) In any hearing under this article and article
ten-A of this act:

(i) proof of the abuse or neglect of one child shall be admissible
evidence on the issue of the abuse or neglect of any other child of, or
the legal responsibility of, the respondent; and

(ii) proof of injuries sustained by a child or of the condition of a
child of such a nature as would ordinarily not be sustained or exist
except by reason of the acts or omissions of the parent or other person
responsible for the care of such child shall be prima facie evidence of
child abuse or neglect, as the case may be, of the parent or other
person legally responsible; and

(iii) proof that a person repeatedly misuses a drug or drugs or
alcoholic beverages, to the extent that it has or would ordinarily have
the effect of producing in the user thereof a substantial state of
stupor, unconsciousness, intoxication, hallucination, disorientation, or
incompetence, or a substantial impairment of judgment, or a substantial
manifestation of irrationality, shall be prima facie evidence that a
child of or who is the legal responsibility of such person is a
neglected child except that such drug, or alcoholic beverage misuse
shall not be prima facie evidence of neglect when such person is
voluntarily and regularly participating in a recognized rehabilitative
program. Provided however, the sole fact that an individual consumes
cannabis, without a separate finding that the child's physical mental or
emotional condition was impaired or is in imminent danger of becoming
impaired established by a fair preponderance of the evidence shall not
be sufficient to establish prima facie evidence of neglect; and

(iv) 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
an abuse or neglect proceeding of any hospital or any other public or
private agency shall be admissible in evidence in proof of that
condition, act, transaction, occurrence or event, if the judge finds
that it was made in the regular course of the business of any hospital,
or any other public or private agency and that it was in the regular
course of such business to make it, at the time of the act, transaction,
occurrence or event, or within a reasonable time thereafter. A
certification by the head of or by a responsible employee of the
hospital or agency that the writing, record or photograph is the full
and complete record of said condition, act, transaction, occurrence or
event and that it was made in the regular course of the business of the
hospital or agency and that it was in the regular course of such
business to make it, at the time of the condition, act, transaction,
occurrence or event, or within a reasonable time thereafter, shall be
prima facie evidence of the facts contained in such certification. A
certification by someone other than the head of the hospital or agency
shall be accompanied by a photocopy of a delegation of authority signed
by both the head of the hospital or agency and by such other employee.
All other circumstances of the making of the memorandum, record or
photograph, including lack of personal knowledge of the maker, may be
proved to affect its weight, but they shall not affect its
admissibility; and

(v) any report filed with the statewide central register of child
abuse and maltreatment by a person or official required to do so
pursuant to section four hundred thirteen of the social services law
shall be admissible in evidence; and

(vi) previous statements made by the child relating to any allegations
of abuse or neglect shall be admissible in evidence, but if
uncorroborated, such statements shall not be sufficient to make a
fact-finding of abuse or neglect. Any other evidence tending to support
the reliability of the previous statements, including, but not limited
to the types of evidence defined in this subdivision shall be sufficient
corroboration. The testimony of the child shall not be necessary to make
a fact-finding of abuse or neglect; and

(vii) neither the privilege attaching to confidential communications
between husband and wife, as set forth in section forty-five hundred two
of the civil practice law and rules, nor the physician-patient and
related privileges, as set forth in section forty-five hundred four of
the civil practice law and rules, nor the psychologist-client privilege,
as set forth in section forty-five hundred seven of the civil practice
law and rules, nor the social worker-client privilege, as set forth in
section forty-five hundred eight of the civil practice law and rules,
nor the rape crisis counselor-client privilege, as set forth in section
forty-five hundred ten of the civil practice law and rules, shall be a
ground for excluding evidence which otherwise would be admissible.

(viii) proof of the "impairment of emotional health" or "impairment of
mental or emotional condition" as a result of the unwillingness or
inability of the respondent 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 respondent.

(b) In a fact-finding hearing: (i) any determination that the child is
an abused or neglected child must be based on a preponderance of
evidence;

(ii) whenever a determination of severe or repeated abuse is based
upon clear and convincing evidence, the fact-finding order shall state
that such determination is based on clear and convincing evidence; and

(iii) except as otherwise provided by this article, only competent,
material and relevant evidence may be admitted.

(c) In a dispositional hearing and during all other stages of a
proceeding under this article, except a fact-finding hearing, and in
permanency hearings and all other proceedings under article ten-A of
this act, only material and relevant evidence may be admitted.