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

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.]

Legislative History

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