Section 31-35-4-3 - 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 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.Pre-1997 Recodification Citation: 31-6-15-3 part.
As added by P.L. 1-1997, SEC.18.