§ 40-11-7.2 - Evidence.
SECTION 40-11-7.2
§ 40-11-7.2 Evidence. – (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 an investigation conductedpursuant to § 40-11-7 is admissible in any court proceeding pursuant tothis chapter, notwithstanding any objection to hearsay statements containedtherein, provided it is relevant and material and provided its probative valuesubstantially outweighs the danger of unfair prejudice to the child's parent,guardian, or other person responsible for the child's welfare. Thecircumstances of the making of the videotape recording, including the maker'slack of personal knowledge, may be proved 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 recorded onfilm 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.