IN THE MATTER OF JACLYN P. (ANONYMOUS), ET AL. NASSAU COUNTY DEPARTMENT OF
SOCIAL SERVICES, RESPONDENT, ROBERT P. (ANONYMOUS), APPELLANT.
86 N.Y.2d 875, 658 N.E.2d 1042, 635 N.Y.S.2d 169
November 1, 1995
2 No. 217 (1995 NY Int. 238)
Decided November 1, 1995
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Perry S. Reich, for Appellant.
Bernadine M. Koch, for Respondent.
Kenneth G. Munnelly, law guardian
Juvenile Rights Division of The Legal Aid Society, amicus curiae.
MEMORANDUM:
The judgment appealed from and the order of the Appellate Division
brought up for review should be affirmed, with costs.
In this child protective proceeding, petitioner Department of Social
Services commenced proceedings against respondent- father alleging
that he had sexually abused and neglected his two young daughters,
Melissa and Jaclyn. At a hearing before Family Court, the children's
mother testified that her daughter Melissa had described repeated
incidents of respondent's abuse of both children. Several medical
doctors and mental health professionals who had examined one or more
of the family members testified that there were no physical signs of
abuse and that they were unable to confirm or refute the allegation
that Melissa had been abused by her father.
The "validation" testimony (see, Matter of Nicole V., 71 NY2d 112) was
provided by Yael Layish, a certified social worker who had interviewed
Melissa extensively, using anatomically- correct dolls and a technique
called the "Sue White protocol." Layish ultimately obtained detailed
descriptions from Melissa of incidents of abuse that had been directed
against her and her sister. Based on her professional judgment, Layish
concluded that these descriptions were accurate and reliable.
Respondent testified on his own behalf and denied sexually abusing his
daughters. His mother, who had supervised the children's visits with
their father, testified that Melissa never complained to her of any
problems with respondent. A psychologist and family therapist hired by
SNIPPETS:
This memorandum is uncorrected and subject to revision before publication in the New York
Perry S. Reich, for Appellant.
Bernadine M. Koch, for Respondent.
The judgment appealed from and the order of the Appellate Division brought up for review
In this child protective proceeding, petitioner Department of Social Services commenced
At a hearing before Family Court, the children's mother testified that her daughter Melissa
The "validation" testimony (see, Matter of Nicole V., 71 NY2d 112) was provided by Yael
Layish ultimately obtained detailed descriptions from Melissa of incidents of abuse that had
Family Court dismissed the abuse and neglect petition, declaring simply that "the evidence
The court found Layish's testimony "highly reliable" and respondent's evidence
Layish's testimony corroborated the child's out-of-court statements of abuse and, along with
A preliminary evaluation was conducted of Melissa by Yael Layish, a certified social worker.
Layish continued as Melissa's therapist and after approximately seven or eight visits
Appellant contends that the qualifications of Layish to give expert corroborative testimony
Specifically, the appellant argued that Layish could give testimony about Melissa's
It did not specifically address the issue of her expertise in a case involving corroboration
This case is different from that of Matter of Nicole V. (123 AD2d 97,
Here appellant challenges the use of dolls by the expert in trying to determine if the child
The literature indicates that the use of dolls with pronounced genitalia may or may not
I would reverse the order of the Appellate Division and require a reopened hearing at which
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