ALBANY – A parent who is accused of abuse and neglect but excluded from a child’s appearance before a judge in chambers has a right to see a record of the child’s purportedly “confidential” testimony, an upstate appellate panel has ruled.
An Appellate Division, Third Department, panel observed that testimony taken from a child during fact-finding in an Article 10 proceeding under the state Family Court Act can, by itself, result in a finding of neglect or abuse against a parent. As such, sealing of records of that testimony would threaten fundamental parental rights, the judges ruled unanimously in Matter of Justin CC, 506502/507154.
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