DCPP VS. A.D, D.H. AND D.C. IN THE MATTER OF N.D., DI.C., DIA.C, L.C. AND A.C. (FN-07-0365-15, ESSEX COUNTY AND STATEWIDE)(RECORD IMPOUNDED) - Published

In this Title Nine action, defendant appeals from a Family Part order finding he abused or neglected his fifteen-year-old stepdaughter by sexually assaulting her. Defendant principally argues the court erred by finding the child's statements concerning the assault were corroborated under N.J.S.A. 9:6-8.46(a)(4) based on her consistent repetition of what occurred, a doctor's report containing a diagnosis she was sexually assaulted, and a psychologist's report stating she suffered from post-traumatic stress disorder as a result of sexual abuse.The court found the child's consistent repetition of her version of the events did not constitute corroboration of her statements concerning the sexual assault under N.J.S.A. 9:6-8.46(a)(4), and the diagnoses contained in the doctor's and psychologist's reports did not provide corroboration because they constituted inadmissible complex diagnoses. The court, however, determined that admissible objective findings in the doctor's report, including descriptions of the child's physical injuries, and defendant's admissions concerning the circumstances surrounding the sexual assault provided some evidence supporting the child's sexual assault allegation, satisfied N.J.S.A. 9:6-8.46(a)(4)'s corroboration requirement, and permitted the court's reliance on the child's statements in making its abuse or neglect finding.