Requirements for admissibility of statements or videotapes
Sec. 3. A statement or videotape described in section 2 of this
chapter is admissible in evidence in an action to determine whether
a child or a whole or half blood sibling of the child is a child in need
of services if, after notice to the parties of a hearing and of their right
to be present:
(1) the court finds that the time, content, and circumstances of
the statement or videotape and any other evidence provide
sufficient indications of reliability; and
(2) the child:
(A) testifies at the proceeding to determine whether the child
or a whole or half blood sibling of the child is a child in need
of services;
(B) was available for face-to-face cross-examination when
the statement or videotape was made; or
(C) is found by the court to be unavailable as a witness
because:
(i) a psychiatrist, physician, or psychologist has certified
that the child's participation in the proceeding creates a
substantial likelihood of emotional or mental harm to the
child;
(ii) a physician has certified that the child cannot
participate in the proceeding for medical reasons; or
(iii) the court has determined that the child is incapable of
understanding the nature and obligation of an oath.
As added by P.L.1-1997, SEC.17.
Last modified: May 24, 2006