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Indiana Code Title 31. Family Law and Juvenile Law § 31-35-4-3

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 3. A statement or videotape described in section 2 of this chapter is admissible in evidence in an action to determine whether the parent-child relationship should be terminated 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 parent-child relationship should be terminated;

(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.

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Cite this article: FindLaw.com - Indiana Code Title 31. Family Law and Juvenile Law § 31-35-4-3 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-35-4-3/

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