Sec. 2. A statement or videotape that:

(1) is made by a child who at the time of the statement or videotape:

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Terms Used In Indiana Code 31-35-4-2

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Statute: A law passed by a legislature.
(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 parent-child relationship should be terminated; 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.

[Pre-1997 Recodification Citation: 31-6-15-2 part.]

As added by P.L.1-1997, SEC.18.