16.1-245.1 - Medical evidence admissible in juvenile and domestic relations district court.
§ 16.1-245.1. Medical evidence admissible in juvenile and domestic relationsdistrict court.
In any civil case heard in a juvenile and domestic relations district courtinvolving allegations of child abuse or neglect or family abuse, any partymay present evidence, by a report from the treating or examining health careprovider as defined in § 8.01-581.1 or the records of a hospital, medicalfacility or laboratory at which the treatment, examination or laboratoryanalysis was performed, or both, as to the extent, nature, and treatment ofany physical condition or injury suffered by a person and the examination ofthe person or the result of the laboratory analysis.
A medical report shall be admitted if the party intending to present suchevidence at trial or hearing gives the opposing party or parties a copy ofthe evidence and written notice of intention to present it at least ten days,or in the case of a preliminary removal hearing under § 16.1-252 or §16.1-253.1 at least twenty-four hours, prior to the trial or hearing and ifattached to such evidence is a sworn statement of the treating or examininghealth care provider or laboratory analyst who made the report that (i) theinformation contained therein is true, accurate, and fully describes thenature and extent of the physical condition or injury and (ii) the patientnamed therein was the person treated or examined by such health careprovider; or, in the case of a laboratory analysis, that the informationcontained therein is true and accurate.
A hospital or other medical facility record shall be admitted if attached toit is a sworn statement of the custodian thereof that the same is a true andaccurate copy of the record of such hospital or other medical facility. Ifthereafter a party summons the health care provider or custodian making suchstatement to testify in proper person or by deposition taken de bene esse,the court shall determine which party shall pay the fees and costs for suchappearance or depositions, or may apportion the same among the parties insuch proportion as the ends of justice may require. If such health careprovider or custodian is not subject to subpoena for cross-examination incourt or by a deposition de bene esse, then the court shall allow areasonable opportunity for the party seeking the subpoena for such healthcare provider or custodian to obtain his testimony as the ends of justice mayrequire.
(1990, c. 560; 1996, c. 866; 2000, c. 163.)