Matter of Crystal S. (Patrick P.)

Summary

The Appellate Division, Fourth Department unanimously affirmed a Family Court order finding that Patrick P. abused and neglected his girlfriend's daughter and derivatively neglected his four biological children. The court held that the child's out-of-court statements were sufficiently corroborated by respondent's partial admission and testimony from the child's mother.

Holdings

1. The child's out-of-court statements were sufficiently corroborated by other evidence to support a finding of abuse.
2. The findings that Patrick P. abused and neglected one child and derivatively neglected four children were supported by the requisite preponderance of the evidence.

Questions Presented

1. Whether the child's out-of-court statements describing sexual abuse were sufficiently corroborated to support a finding of abuse under Family Court Act § 1046.
2. Whether the evidence supported the findings that Patrick P. abused and neglected the child and derivatively neglected his four biological children.

Disposition

affirmed