'Male' G, Matter of

• Decision Date: 05 October 1978
• Citation: 411 N.Y.S.2d 102,97 Misc.2d 283
• Parties: In the Matter of the Commitment of "MALE" G a/k/a Brian Keith G, a Child under the Age of Eighteen Years to the Custody and Guardianship of the Commissioner of Social Services Law of the City of New York, Pursuant to Section 384-b of the Social Services Law of the State of New York.
• Court: New York City Court

Page 102

411 N.Y.S.2d 102

97 Misc.2d 283

In the Matter of the Commitment of "MALE" G a/k/a Brian Keith G, a Child under the Age of Eighteen Years to the Custody and Guardianship of the Commissioner of Social Services Law of the City of New York, Pursuant to Section 384-b of the Social Services Law of the State of New York.

Family Court, New York City, Foster Care Term, New York County.

Oct. 5, 1978.

Allen G. Schwartz, Corp. Counsel by Hyman Frankel, Sp. Asst. Corp. Counsel, New York City, for the Commissioner of Social Services; Martin L. Baron, New York City, of counsel.

H. Howard Friedman, New York City, for respondent.

Terry Milburn, New York City, for the law guardian.

ORDER ON MOTION

JOSEPH D. CAPUTO, Judge:

This is a proceeding under Section 384-b of the Social Service Law for an order committing the custody and guardianship of the child "Male" G a/k/a BRIAN KEITH G to the petitioner, Commissioner of Social Services.

On August 18, at the fact-finding hearing, petitioner attempted to introduce the child's case record maintained by the Bureau of Child Welfare ("BCW") as a business record pursuant to CPLR 4518. The natural mother challenged the record's admissibility on the ground that at least certain entries in the case record were not made "at the time of the act, transaction, occurrence or event or within a reasonable time thereafter," as is required by the Statute. The present BCW worker assigned to the case testified that it is her practice, and that to her knowledge it is the usual practice of BCW social workers, to keep temporary "day books" upon which case activity is recorded on the same day or at most within a few days after the event takes place. Later, the social worker dictates from the "day books" the case activity onto tapes which are then transcribed by typists into the permanent case record. " After entry into the case record, the day books are destroyed and the tapes are erased for future use.

Upon reading the memoranda submitted by attorneys for the petitioner and the natural mother and after due deliberation, it is this Court's order, pursuant to Section 4518 of the CPLR, that such records shall be admissible. Files and records which the Department of Social Services are required by law and regulation to maintain are business records and are admissible, Kelly v. Wasserman, 5 N.Y.2d 425, 185 N.Y.S.2d 538, 158 N.E.2d 241 (1959).

The mere fact that a temporary entry is made does not deprive a subsequent entry, made as a...