N.Y. Family Court Act § 343.1: Rules of evidence; testimony given by children

§ 343.1. Rules of evidence; testimony given by children. 1. Any person

may be a witness in a delinquency proceeding unless the court finds

that, by reason of infancy or mental disease or defect, he does not

possess sufficient intelligence or capacity to justify reception of his

evidence.

2. Every witness more than nine years old may testify only under oath

unless the court is satisfied that such witness cannot, as a result of

mental disease or defect, understand the nature of an oath. A witness

less than nine years old may not testify under oath unless the court is

satisfied that he or she understands the nature of an oath. If under

either of the above provisions, a witness is deemed to be ineligible to

testify under oath, the witness may nevertheless be permitted to give

unsworn evidence if the court is satisfied that the witness possesses

sufficient intelligence and capacity to justify the reception thereof.

3. A respondent may not be found to be delinquent solely upon the

unsworn evidence given pursuant to subdivision two.

* 4. A child witness may give testimony in accordance with the

provisions of article sixty-five of the criminal procedure law, provided

such child is declared vulnerable in accordance with subdivision one of

section 65.10 of such law. A child witness means a person fourteen years

old or less who is or will be called to testify in any proceeding

concerning an act defined in article one hundred thirty of the penal law

or section 255.25, 255.26 or 255.27 of such law, which act would

constitute a crime if committed by an adult. The provisions of this

subdivision shall expire and be deemed repealed on the same date as

article sixty-five of the criminal procedure law expires and is deemed

repealed pursuant to section five of chapter five hundred five of the

laws of nineteen hundred eighty-five, as from time to time, amended.

* NB Repealed September 1, 2027