California Health and Safety Code

§ 1596.8872

HSC § 1596.8872 Effective Jan 1, 2003Div. 2 · Ch. 3.4 · Art. 4

Statute text

(a)(1) An out-of-court statement made by a minor under 12 years of age who is the subject or victim of an allegation at issue is admissible evidence at an administrative hearing conducted pursuant to this article. The out-of-court statement may be used to support a finding of fact unless an objection is timely made and the objecting party establishes that the statement is unreliable because it was the product of fraud, deceit, or undue influence. However, the out-of-court statement may not be the sole basis for the finding of fact, unless the adjudicator finds that the time, content, and circumstances of the statement provide sufficient indicia of reliability.

(2)The proponent of the statement shall give reasonable notice to all parties of the intended introduction of the statement at the hearing.

(3)For purposes of this subdivision, an objection is timely if it identifies with reasonable specificity the disputed out-of-court statement and it gives the proponent of the evidence a reasonable period of time to prepare a response to the objection prior to the hearing.

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Legislative history

Added by Stats. 2002, Ch. 707, Sec. 4. Effective January 1, 2003.