N.Y. Family Court Act § 651-a: Reports of child abuse and maltreatment; admissibility

§ 651-a. Reports of child abuse and maltreatment; admissibility. 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 commenced on or before December thirty-first, two thousand

twenty-one has determined that there is some credible evidence of the

alleged abuse or maltreatment, or unless an investigation of such report

conducted pursuant to title six of article six of the social services

law commenced on or after January first, two thousand twenty-two

determines that there is a fair preponderance of the 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.