Hearsay Issues in Child Welfare Cases

  • Family/DV

This workshop will provide an overview of hearsay issues that commonly arise in Article 10 and Termination of Parental Rights fact finding hearings which require evidence to be competent/non-hearsay evidence. The workshop will begin by looking at hearsay vs. non-hearsay statements. We will then examine the exceptions to hearsay set forth in section 1046 of the Family Court Act, including oral report transmissions (ORTs) and prior statements of the children related to abuse and neglect. We will also look at the business record exception to hearsay under the CPLR and discuss the admissibility of hearsay statements found in ORTs and case records, such as statements of foster parents, in Domestic Incident Reports, and in medical records. Finally, the workshop will look at other exceptions to hearsay, such as party admissions, excited utterances, statements against interest, present sense impressions and past recollection recorded. All topics will rely on exercises based on actual cases to demonstrate.

To register for this training please visit us at www.learningcenter.legalservicesnyc.org

E-mail all questions to learningcenter@ls-nyc.org

Please note: NO ADMITTANCE without prior registration. Payment (if applicable) is also required.

Scholarships are available upon request and are granted based on need.