Section 1046. Evidence

(a) * In any hearing under this article
    * NB Effective until October 10, 2009
    * In any hearing under this article and article ten-A of this act:
    * NB Effective October 10, 2009
    (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; 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, only
  material and relevant evidence may be admitted.
    * NB Effective until October 10, 2009
    * (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.
    * NB Effective October 10, 2009