| Matter of Jahzara J.S. (Joshua S.) |
| 2025 NY Slip Op 02287 [237 AD3d 578] |
| April 22, 2025 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Jahzara J.S., a Child Alleged to be Neglected. Joshua S., Jr., Appellant; Administration for Children's Services, Respondent. Tyesha A., Nonparty Respondent. |
Carol L. Kahn, New York, for appellant.
Muriel Goode-Trufant, Corporation Counsel, New York (Hannah J. Sarokin of counsel), for Administration for Children's Services, respondent.
Steven P. Forbes, Huntington, for Tyesha A., respondent.
Parent, Child and Family
- Abused or Neglected Child
- Corroboration of Child's Out-of-Court Statement
Order, Family Court, Bronx County (E. Grace Park, J.), entered on or about March 8, 2024, which, after a hearing, found that respondent father neglected the subject child, unanimously affirmed, without costs.
The finding of neglect was proven by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]). The child's out-of-court statements regarding the father's alleged maltreatment were sufficiently corroborated to support a finding of neglect (see Matter of Nicole V., 71 NY2d 112, 118 [1987]; Family Ct Act § 1046 [a] [vi]). The child disclosed the alleged misconduct multiple times to different people, including staff at the child'sdaycare and ACS's child protective specialist (see e.g. Matter of Emily S. [Jorge S.], 146 AD3d 599, 600 [1st Dept 2017]). The daycare workers also testified to observing noticeable changes in the child's demeanor after an alleged incident and the child exhibiting age-inappropriate behavior (see Matter of Anahys V. [John V.], 68 AD3d 485 [1st Dept 2009], lv denied 14 NY3d 705 [2010]; Matter of Jada W. [Fanatay W.], 219 AD3d 732, 739-740 [2d Dept 2023]; see also Matter of Cerenity F. [Jennifer W.], 160 AD3d 540, 541 [1st Dept 2018]; Matter of Dawn H., 221 AD2d 235 [1st Dept 1995]). Despite some inconsistencies, Family Court did not err in finding that the child's statementswere sufficiently corroborated by other evidence (see e.g. Matter of Kylani R. [Kyreem B.], 93 AD3d 556, 557 [1st Dept 2012]). Concur—Webber, J.P., Friedman, González, Shulman, Rosado, JJ.