§ 14-1-68. Child witness.
(a) A videotape recording made by the department of children, youth, and families, a law
enforcement officer, or a hospital, of an interview of or statement made by a child
who is the subject of any petition filed by the department pursuant to §§ 40-11-7, 14-1-11, and/or 15-7-7, is admissible in any court proceeding under those sections notwithstanding any objection
to hearsay statements contained in the videotape, provided it is relevant and material,
and provided its probative value substantially outweighs the danger of unfair prejudice
to the child's parent, guardian, or other person responsible for the child's welfare.
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§ 14-1-68. Child witness.
(a) A videotape recording made by the department of children, youth, and families, a law
enforcement officer, or a hospital, of an interview of or statement made by a child
who is the subject of any petition filed by the department pursuant to §§ 40-11-7, 14-1-11, and/or 15-7-7, is admissible in any court proceeding under those sections notwithstanding any objection
to hearsay statements contained in the videotape, provided it is relevant and material,
and provided its probative value substantially outweighs the danger of unfair prejudice
to the child's parent, guardian, or other person responsible for the child's welfare.
The circumstances of the making of the videotape recording, including the maker's
lack of personal knowledge, may be proved to affect its weight.
(b) Prior to the videotaped recording being introduced into evidence the court shall first
determine that:
(1) The statement is sworn to under oath by the child and the significance of the oath
is explained to the child;
(2) The recording is both visual and aural, and is recorded on film or videotaped or by
other electronic means;
(3) The recording equipment was capable of making an accurate recording, the operator
of the equipment was competent, and the recording is accurate and has not been altered;
(4) Every voice on the recording is identified;
(5) The statement was not made in response to questioning calculated to lead the child
to make a particular statement;
(6) The person conducting the interview of the child is available to testify at any court
proceeding pursuant to this chapter; and
(7) The child shall be available to testify at any court proceeding pursuant to this chapter.