§ 651-a. Reports of child abuse and maltreatment; admissibility. In
any proceeding brought pursuant to this section to determine the custody
or visitation of minors, a report made to the statewide central register
of child abuse and maltreatment, pursuant to title six of article six of
the social services law, or a portion thereof, which is otherwise
admissible as a business record pursuant to rule forty-five hundred
eighteen of the civil practice law and rules shall not be admissible in
evidence, notwithstanding such rule, unless an investigation of such
report conducted pursuant to title six of article six of the social
services law commenced on or before December thirty-first, two thousand
twenty-one has determined that there is some credible evidence of the
alleged abuse or maltreatment, or unless an investigation of such report
conducted pursuant to title six of article six of the social services
law commenced on or after January first, two thousand twenty-two
determines that there is a fair preponderance of the evidence of the
alleged abuse or maltreatment, that the subject of the report has been
notified that the report is indicated. In addition, if such report has
been reviewed by the state commissioner of social services or his
designee and has been determined to be unfounded, it shall not be
admissible in evidence. If such report has been so reviewed and has been
amended to delete any finding, each such deleted finding shall not be
admissible. If the state commissioner of social services or his designee
has amended the report to add any new finding, each such new finding,
together with any portion of the original report not deleted by the
commissioner or his designee, shall be admissible if it meets the other
requirements of this section and is otherwise admissible as a business
record. If such a report, or portion thereof, is admissible in evidence
but is uncorroborated, it shall not be sufficient to make a fact finding
of abuse or maltreatment in such proceeding. Any other evidence tending
to support the reliability of such report shall be sufficient
corroboration.