Section 651-A. Reports of child abuse and maltreatment; admissibility  


Latest version.
  • In
      any proceeding brought pursuant to this section to determine the custody
      or visitation of minors, a report made to the statewide central register
      of child abuse and maltreatment, pursuant to title six of article six of
      the social services law,  or  a  portion  thereof,  which  is  otherwise
      admissible  as  a  business  record  pursuant to rule forty-five hundred
      eighteen of the civil practice law and rules shall not be admissible  in
      evidence,  notwithstanding  such  rule,  unless an investigation of such
      report conducted pursuant to title six of  article  six  of  the  social
      services  law has determined that there is some credible evidence of the
      alleged abuse or maltreatment, that the subject of the report  has  been
      notified  that  the report is indicated. In addition, if such report has
      been reviewed by the  state  commissioner  of  social  services  or  his
      designee  and  has  been  determined  to  be  unfounded, it shall not be
      admissible in evidence. If such report has been so reviewed and has been
      amended to delete any finding, each such deleted finding  shall  not  be
      admissible. If the state commissioner of social services or his designee
      has  amended  the  report to add any new finding, each such new finding,
      together with any portion of the original  report  not  deleted  by  the
      commissioner  or his designee, shall be admissible if it meets the other
      requirements of this section and is otherwise admissible as  a  business
      record.  If such a report, or portion thereof, is admissible in evidence
      but is uncorroborated, it shall not be sufficient to make a fact finding
      of abuse or maltreatment in such proceeding. Any other evidence  tending
      to   support   the  reliability  of  such  report  shall  be  sufficient
      corroboration.