Matter of Julia M. M. (Anonymous)

Summary

The Appellate Division, Second Department affirmed an order finding that the father sexually abused and neglected the subject child in a Family Court Act article 10 proceeding. The court held that the child's testimony was sufficient to establish abuse and neglect by a preponderance of the evidence, did not require corroboration, and supported an inference of the father's intent to obtain sexual gratification.

Holdings

1. In a Family Court Act article 10 fact-finding hearing, the petitioner must establish by a preponderance of the evidence that the child has been abused or neglected.
2. ACS established by a preponderance of the evidence that the father sexually abused and neglected the child.
3. The child's in-court testimony did not require corroboration, and it sufficiently corroborated her out-of-court descriptions of the abuse.
4. The Family Court's credibility determinations were supported by the record and would not be disturbed on appeal.

Questions Presented

1. Whether the Administration for Children's Services established by a preponderance of the evidence that the father sexually abused and neglected the child.
2. Whether the child's in-court testimony required corroboration.
3. Whether the child's testimony sufficiently corroborated her out-of-court descriptions of the abuse.
4. Whether the father's intent to obtain sexual gratification could be inferred from the conduct described by the child.
5. Whether the Family Court's credibility determinations should be disturbed on appeal.

Disposition

affirmed