2006 New York Code - Rules Of Evidence; Testimony Given By Children.

 
    § 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 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  and be deemed repealed on the same date as  article  sixty-five  of  the
  criminal  procedure  law  expires  and  is  deemed  repealed pursuant to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    * NB Repealed September 1, 2007