IN RE: JAHZARA J.S. (2025)

Order, Family Court, Bronx County (E. Grace Park, J.), entered on or about March 8, 2024, which, after a hearing, found that respondent father neglected the subject child, unanimously affirmed, without costs.

The finding of neglect was proven by a preponderance of the evidence (see Family Court Act § 1046[b][i]).  The child's out-of-court statements regarding the father's alleged maltreatment were sufficiently corroborated to support a finding of neglect (see Matter of Nicole V., 71 N.Y.2d 112, 118, 524 N.Y.S.2d 19, 518 N.E.2d 914 [1987];  Family Court Act § 1046[a][vi]).  The child disclosed the alleged misconduct multiple times to different people, including staff at the child's daycare and ACS's child protective specialist (see e.g. Matter of Emily S. [Jorge S.], 146 A.D.3d 599, 600, 44 N.Y.S.3d 743 [1st Dept. 2017]).  The daycare workers also testified to observing noticeable changes in the child's demeanor after an alleged incident and the child exhibiting age-inappropriate behavior (see Matter of Anahys V. [John V.], 68 A.D.3d 485, 891 N.Y.S.2d 34 [1st Dept 2009], lv denied 14 N.Y.3d 705, 2010 WL 1190455 [2010];  Matter of Jada W. [Fanatay W.], 219 A.D.3d 732, 739–740, 195 N.Y.S.3d 226 [2d Dept. 2023];  see also Matter of Cerenity F. [Jennifer W.], 160 A.D.3d 540, 541, 74 N.Y.S.3d 250 [1st Dept. 2018];  Matter of Dawn H., 221 A.D.2d 235, 633 N.Y.S.2d 782 [1st Dept. 1995]).  Despite some inconsistencies, Family Court did not err in finding that the child's statements were sufficiently corroborated by other evidence (see e.g. Matter of Kylani R. [Kyreem B.], 93 A.D.3d 556, 557, 941 N.Y.S.2d 46 [1st Dept. 2012]).