Matter of Gerald HH. v. Carrion

Summary

The New York Appellate Division, Third Department, reviewed a determination denying Gerald HH.'s request to amend and expunge an indicated child-maltreatment report. The court held that the hearsay evidence supporting the determination was seriously controverted and therefore did not constitute substantial evidence. The determination was annulled and the petition was granted.

Holdings

1. The administrative determination was not supported by substantial evidence because the agency's hearsay-based proof was seriously controverted by direct testimony, evidence suggesting a motive to fabricate, and the absence of physical evidence.
2. The agency must establish by a fair preponderance of the evidence that the child's physical, mental, or emotional condition was impaired or in imminent danger of impairment because the parent failed to exercise a minimum degree of care in providing appropriate supervision or guardianship.

Questions Presented

1. Whether substantial evidence supported the administrative determination that petitioner committed child maltreatment.
2. Whether hearsay and double-hearsay evidence in an expungement hearing can constitute substantial evidence when the facts it purports to establish are seriously controverted.

Disposition

other