§ 14-1-68 - Child witness.
SECTION 14-1-68
§ 14-1-68 Child witness. – (a) A videotape recording made by the department of children, youth, andfamilies, a law enforcement officer, or a hospital, of an interview of orstatement made by a child who is the subject of any petition filed by thedepartment pursuant to §§ 40-11-7, 14-1-11, and/or 15-7-7, isadmissible in any court proceeding under those sections notwithstanding anyobjection to hearsay statements contained in the videotape, provided it isrelevant and material, and provided its probative value substantially outweighsthe danger of unfair prejudice to the child's parent, guardian, or other personresponsible for the child's welfare. The circumstances of the making of thevideotape recording, including the maker's lack of personal knowledge, may beproved to affect its weight.
(b) Prior to the videotaped recording being introduced intoevidence the court shall first determine that:
(1) The statement is sworn to under oath by the child and thesignificance of the oath is explained to the child;
(2) The recording is both visual and aural, and is recordedon film or videotaped or by other electronic means;
(3) The recording equipment was capable of making an accuraterecording, the operator of the equipment was competent, and the recording isaccurate and has not been altered;
(4) Every voice on the recording is identified;
(5) The statement was not made in response to questioningcalculated to lead the child to make a particular statement;
(6) The person conducting the interview of the child isavailable to testify at any court proceeding pursuant to this chapter; and
(7) The child shall be available to testify at any courtproceeding pursuant to this chapter.