§ 343.1. Rules of evidence; testimony given by children. 1. Any person
may be a witness in a delinquency proceeding unless the court finds
that, by reason of infancy or mental disease or defect, he does not
possess sufficient intelligence or capacity to justify reception of his
evidence.

2. Every witness more than nine years old may testify only under oath
unless the court is satisfied that such witness cannot, as a result of
mental disease or defect, understand the nature of an oath. A witness
less than nine years old may not testify under oath unless the court is
satisfied that he or she understands the nature of an oath. If under
either of the above provisions, a witness is deemed to be ineligible to
testify under oath, the witness may nevertheless be permitted to give
unsworn evidence if the court is satisfied that the witness possesses
sufficient intelligence and capacity to justify the reception thereof.

3. A respondent may not be found to be delinquent solely upon the
unsworn evidence given pursuant to subdivision two.

* 4. A child witness may give testimony in accordance with the
provisions of article sixty-five of the criminal procedure law, provided
such child is declared vulnerable in accordance with subdivision one of
section 65.10 of such law. A child witness means a person fourteen years
old or less who is or will be called to testify in any proceeding
concerning an act defined in article one hundred thirty of the penal law
or section 255.25, 255.26 or 255.27 of such law, which act would
constitute a crime if committed by an adult. The provisions of this
subdivision shall expire and be deemed repealed on the same date as
article sixty-five of the criminal procedure law expires and is deemed
repealed pursuant to section five of chapter five hundred five of the
laws of nineteen hundred eighty-five, as from time to time, amended.

* NB Repealed September 1, 2025