Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
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:
        (1) an action initiated to determine if a child is a child in need of services under:
            (A) IC 31-34-1-1 through IC 31-34-1-6;
            (B) IC 31-34-1-10; or
            (C) IC 31-34-1-11; and
        (2) an administrative hearing conducted under IC 31-33-26-9 or IC 31-27-4-23.
As added by P.L.1-1997, SEC.17. Amended by P.L.48-2012, SEC.61.

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.