IC 31-34-13

    

Chapter 13. Child Videotape Testimony in Child in Need of
Services Proceedings


IC 31-34-13-1

Application of chapter

    

Sec. 1. This chapter applies to an action initiated to determine if
a child is a child in need of services under:

        (1) IC 31-34-1-1 through IC 31-34-1-6;

        (2) IC 31-34-1-10; or

        (3) IC 31-34-1-11.

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


IC 31-34-13-2

Admissibility of statements or videotapes

    

Sec. 2. A statement or videotape that:

        (1) is made by a child who at the time of the statement or
videotape:

            (A) is less than fourteen (14) years of age; or

            (B) is at least fourteen (14) years of age but less than
eighteen (18) years of age and has a disability attributable to
an impairment of general intellectual functioning or adaptive
behavior that:

                (i) is likely to continue indefinitely;

                (ii) constitutes a substantial disability to the child's ability
to function normally in society; and

                (iii) reflects the child's need for a combination and
sequence of special, interdisciplinary, or generic care,
treatment, or other services that are of lifelong or extended
duration and are individually planned and coordinated;

        (2) concerns an act that is a material element in determining
whether a child is a child in need of services; and

        (3) is not otherwise admissible in evidence under statute or
court rule;

is admissible in evidence in an action described in section 1 of this
chapter if the requirements of section 3 of this chapter are met.

As added by P.L.1-1997, SEC.17. Amended by P.L.1-2009, SEC.160.


IC 31-34-13-3

Requirements for admissibility of statements or videotapes

    

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.

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


IC 31-34-13-4

Informing parties of intention to introduce and contents of
statements and videotapes

    

Sec. 4. A statement or videotape may not be admitted in evidence
under this chapter unless the attorney for the department informs the
parties of:

        (1) an intention to introduce the statement or videotape in
evidence; and

        (2) the content of the statement or videotape;

at least seven (7) days before the proceedings to give the parties a
fair opportunity to prepare a response to the statement or videotape
before the proceeding.

As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,
SEC.296; P.L.146-2008, SEC.589.