[587A-21] Admissibility of evidence; testimony by a child. (a) Any statement relating to an allegation of imminent harm, harm, or threatened harm that a child has made to any person shall be admissible as evidence.

(b) In deciding in temporary foster custody hearings whether there is reasonable cause to believe that a child is subject to imminent harm the court may consider relevant hearsay evidence when direct testimony is unavailable or when it is impractical to subpoena witnesses who will be able to testify to facts based on personal knowledge.

(c) A child's recorded statement shall be admissible in evidence in any proceeding under this chapter; provided that:

(1) The statement is recorded on film, audiotape, or videotape, or by other reliable electronic means;

(2) The recording equipment used is capable of producing an accurate recording, was operated by a competent person, and the recording is accurate and has not been altered; and

(3) Every person on the recording is identified.

(d) A child may be directed by the court to testify under circumstances deemed by the court to be in the best interests of the child and the furtherance of justice. These circumstances may include an on-the-record interview of the child in chambers, with only those parties present during the interview as the court deems to be in the best interests of the child. [L 2010, c 135, pt of 1]

 

 

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