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31-34-13-3. Requirements for admissibility of statements or videotapes

IN Code § 31-34-13-3 (2019) (N/A)
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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.

[Pre-1997 Recodification Citation: 31-6-15-3 part.]

As added by P.L.1-1997, SEC.17.

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31-34-13-2. Admissibility of statements or videotapes
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31-34-13-4. Informing parties of intention to introduce and contents of statements and videotapes