Justice Robert Hettleman

A cognitively-impaired adult witness requested that she testify via closed-circuit television (“CCTV”) in a child protection case. The Administration for Children's Services alleged that respondent father sexually abused the witness when she was still a minor, and that therefore he derivatively abused the witness' 12-year-old sister. A social worker found the witness particularly vulnerable and would likely suffer emotional trauma if she were forced to testify in the presence of her alleged abuser. The social worker added that forcing the witness to testify in the same room as the alleged perpetrator would impede her ability to be open and truthful. The court granted the motion, finding that the right to confront one's accusers is not absolute, and that CCTV is a minimal impingement on the respondent's confrontation rights, as he and his lawyer would see, hear and contemporaneously cross-examine the witness at trial. The court noted that, in child protection cases, appellate courts have regularly upheld children testifying via CCTV when there is an ample showing that they will likely suffer harm and, in criminal cases in New York and other jurisdictions, adults have been allowed to testify by CCTV where there is compelling state interest.