In re T.L.

926 N.E.2d 346, 186 Ohio App. 3d 42
CourtOhio Court of Appeals
DecidedFebruary 8, 2010
DocketNo. 09CA0018-M
StatusPublished
Cited by4 cases

This text of 926 N.E.2d 346 (In re T.L.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re T.L., 926 N.E.2d 346, 186 Ohio App. 3d 42 (Ohio Ct. App. 2010).

Opinion

Carr, Judge.

{¶ 1} Appellant, T.L., appeals the judgment of the Medina County Court of Common Pleas, Juvenile Division, which adjudicated him delinquent and committed him to the custody of the Ohio Department of Youth Services (“DYS”). This court affirms in part and vacates in part.

I

{¶ 2} A complaint was filed on August 4, 2008, charging T.L. (date of birth June 25, 1992) with one count of rape of a child under 13 years of age in violation [46]*46of R.C. 2907.02(A)(1)(b), a felony of the first degree if committed by an adult. The alleged victim, A.R., was five years old at the time of the incident. T.L. denied the charge.

{¶ 3} On August 26, 2008, the state moved the juvenile court to conduct a hearing to determine whether the minor victim was competent to testify at T.L.’s adjudicatory hearing. After a voir dire examination of the victim, the juvenile court determined that A.R. was not competent to testify as a witness. On September 4, 2008, defense counsel moved for a competency evaluation of T.L. to determine the juvenile’s competency to stand trial and participate in his own defense. After reviewing the appointed psychologist’s evaluation report and offering the parties the opportunity to supplement the report with other documents or witnesses, the juvenile court found T.L. competent to stand trial and participate in his own defense. The matter was scheduled for an adjudicatory hearing.

{¶ 4} On November 28, 2008, the juvenile filed a motion in limine to exclude all hearsay statements by the victim. The state responded in opposition. On January 15, 2009, the juvenile court ordered that the child victim’s statements were not admissible pursuant to Evid.R. 803(2) or 807. The trial court ordered that the victim’s statements may, however, be admissible pursuant to other exceptions to the hearsay rule.

{¶ 5} On December 3, 2008, the state moved to amend the complaint to add a second count. The juvenile court granted the motion to amend the complaint to include one count of gross sexual imposition against a child under 13 years old in violation of R.C. 2907.05(A)(4), a felony of the third degree if committed by an adult.

{¶ 6} The matter proceeded to adjudication. The juvenile court found T.L. delinquent by reason of rape and gross sexual imposition. At disposition, the juvenile court ordered that T.L. be committed to DYS for a minimum of one year, up to the age of 21, on the charge of rape; and for a minimum of six months, up to the age of 21, on the charge of gross sexual imposition, with the commitments to run concurrently. T.L. filed a timely appeal, raising four assignments of error for review. Some assignments of error have been consolidated to facilitate review.

II

ASSIGNMENT OF ERROR I

The trial court violated T.L.’s constitutional right to confront witnesses when it admitted out-of-court statements made by a child to interviewers who were employed by a child advocacy center and working with law enforcement.

[47]*47ASSIGNMENT OF ERROR II

The trial court abused its discretion when it admitted a child’s out-of-court statement pursuant to Evid.R. 803(4) because the statements were not made for purposes of medical diagnosis or treatment.

{¶ 7} The juvenile argues that the trial court erred by admitting statements made by the child to Jill Mearing, an intake social worker for Medina County Jobs and Family Services (“JFS”). This court disagrees.

{¶ 8} The Sixth Amendment to the United States Constitution affords a criminal defendant the right to be confronted with the witnesses against him. The United States Supreme Court has held that the admission of testimonial hearsay statements violates an accused’s rights under the Sixth Amendment Confrontation Clause. Crawford v. Washington (2004), 541 U.S. 36, 68-69, 124 S.Ct. 1354, 158 L.Ed.2d 177 (“Where testimonial statements are at issue, the only indicium of reliability sufficient to satisfy constitutional demands is the one the Constitution actually prescribes: confrontation”). Crawford, however, did not enunciate a comprehensive definition of “testimonial,” stating only that “it applies at a minimum to prior testimony at a preliminary hearing, before a grand jury, or at a former trial; and to police interrogations.” Id. at 68, 124 S.Ct. 1354, 158 L.Ed.2d 177.

{¶ 9} The juvenile argues that the child victim’s statements made to the social worker at the child advocacy center (“CAC”) are testimonial because the social worker was working in concert with law enforcement for the primary purpose of police investigation and prosecution. The legislature, however, has provided for the creation of such CACs, which utilize multidisciplinary teams and establish protocols and procedures to address allegations of child abuse.

{¶ 10} Mearing testified that the protocols and procedures of the CAC were followed in this case. She explained that the CAC constitutes a collaboration between law enforcement, the prosecutor’s office, the victim-assistance office, Cornerstone Psychological Services, and JFS to ensure that all the needs of an allegedly abused child are met. Mearing testified that she interviewed A.R. to determine whether she needed any medical or psychological treatment or whether she otherwise needed protection.

{¶ 11} Detective Klopfenstein of the Brunswick Hills Police Department, the investigating officer in this case, testified that he did not interview the child. Moreover, while he observed Mearing’s interview, he did not participate or ask any questions. After A.R. disclosed matters regarding the incident, Mearing excused herself to confer with another co-worker and arguably Detective. Klopfenstein about the need for additional questions. The trial court, however, admitted testimony and other evidence only from the taped interview of the child [48]*48victim up to the point at which Mearing excused herself from the interview. Accordingly, the trial court did not consider any hearsay statements by the child that she may have made after Mearing’s consultation with law enforcement.

{¶ 12} The Ohio Supreme Court has held that the admission of a child-victim’s hearsay statements made to a social worker, when such statements are made for the purpose of medical diagnosis and treatment, “d[oes] not offend the Confrontation Clause.” State v. Muttart, 116 Ohio St.3d 5, 2007-Ohio-5267, 875 N.E.2d 944, at ¶ 3. Accordingly, the issue is whether A.R.’s statements to Mearing were made for purposes of medical diagnosis or treatment rather than for some other purpose.

{¶ 13} A child’s out-of-court statements may be admitted pursuant to Evid.R. 803(4) if they were made for purposes of medical diagnosis or treatment, even if the child has not been determined competent to testify. Id. at syllabus; In re I.W., 9th Dist. Nos. 07CA0056 and 07CA0057, 2008-Ohio-2492, 2008 WL 2168628, at ¶ 9. Such statements are presumed to be reliable based upon the “professional-reliance factor,” in other words because of the expertise of the professionals who examined the child victim. Id. at ¶ 14. In addition, we have recognized repeatedly that “statements made to social workers for the purpose of facilitating medical treatment are admissible under the medical exception to hearsay.” Id. at ¶ 17, citing In re A.R., 9th Dist. No.

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Bluebook (online)
926 N.E.2d 346, 186 Ohio App. 3d 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tl-ohioctapp-2010.