In re Jaclyn P., 81 N.Y.2d 875 (1993)

In child protective proceedings, validation testimony, when properly corroborated and deemed reliable by the court, can be sufficient to support a finding of abuse, even in the absence of physical injury.

Summary

In a child protective proceeding, the Department of Social Services alleged that the respondent father sexually abused and neglected his two daughters. The Family Court dismissed the petition, finding the evidence even. The Appellate Division reversed, finding that the validation testimony of a social worker, along with other evidence, provided a sufficient ground for a finding of abuse. The New York Court of Appeals affirmed, holding that the weight of the evidence supported the Appellate Division’s determination, and the validation testimony corroborated the child’s out-of-court statements of abuse.

Facts

The Department of Social Services commenced proceedings against the respondent father, alleging sexual abuse and neglect of his two young daughters. The children’s mother testified that her daughter Melissa described repeated incidents of abuse. Medical doctors and mental health professionals found no physical signs of abuse and were unable to confirm or refute the allegations. A social worker, Yael Layish, interviewed Melissa extensively, using anatomically correct dolls and the