N.Y. FCT Law § 343.1

§ 343.1. Rules of evidence; testimony given by children. 1. Any person\nmay be a witness in a delinquency proceeding unless the court finds\nthat, by reason of infancy or mental disease or defect, he does not\npossess sufficient intelligence or capacity to justify reception of his\nevidence.\n 2. Every witness more than nine years old may testify only under oath\nunless the court is satisfied that such witness cannot, as a result of\nmental disease or defect, understand the nature of an oath. A witness\nless than nine years old may not testify under oath unless the court is\nsatisfied that he or she understands the nature of an oath. If under\neither of the above provisions, a witness is deemed to be ineligible to\ntestify under oath, the witness may nevertheless be permitted to give\nunsworn evidence if the court is satisfied that the witness possesses\nsufficient intelligence and capacity to justify the reception thereof.\n 3. A respondent may not be found to be delinquent solely upon the\nunsworn evidence given pursuant to subdivision two.\n * 4. A child witness may give testimony in accordance with the\nprovisions of article sixty-five of the criminal procedure law, provided\nsuch child is declared vulnerable in accordance with subdivision one of\nsection 65.10 of such law. A child witness means a person fourteen years\nold or less who is or will be called to testify in any proceeding\nconcerning an act defined in article one hundred thirty of the penal law\nor section 255.25, 255.26 or 255.27 of such law, which act would\nconstitute a crime if committed by an adult. The provisions of this\nsubdivision shall expire and be deemed repealed on the same date as\narticle sixty-five of the criminal procedure law expires and is deemed\nrepealed pursuant to section five of chapter five hundred five of the\nlaws of nineteen hundred eighty-five, as from time to time, amended.\n * NB Repealed September 1, 2027\n