Sec. 2001.122. HEARSAY STATEMENT OF CHILD ABUSE VICTIM. (a) This section applies:
(1) to a proceeding held under this chapter or a judicial review of a final decision under this chapter, whether by trial de novo or under the substantial evidence rule, in which an issue is the abuse of a child 12 years of age or younger; and
(2) only to a statement that describes an alleged incident of child abuse that:
(A) was made by the child who is the alleged victim of the incident; and
(B) was made to the first individual 18 years of age or older, other than the individual accused of abuse, to whom the child made a statement about the incident.
(b) A statement that meets the requirements of Subsection (a)(2) is not inadmissible as hearsay if:
(1) on or before the seventh day before the date on which the proceeding or hearing begins, the party intending to offer the statement:
(A) notifies each other party of the party's intention to do so;
(B) provides each other party with the name of the witness through whom it intends to offer the statement; and
(C) provides each other party with a written summary of the statement;
(2) the presiding official conducting the proceeding finds that the statement is reliable based on the time, content, and circumstances of the statement; and
(3) the child who is the alleged victim testifies or is available to testify at the hearing in court, at the proceeding, or in any other manner provided by law.
(c) The finding required by Subsection (b)(2) shall be made in a hearing conducted outside the presence of the jury, if the hearing is before a jury.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Last modified: September 28, 2016