§ 5986. Hearsay.
(a) General rule.--A statement made by a child describing acts and attempted acts of indecent contact,
sexual intercourse or deviate sexual intercourse performed with or on the child by
another, not otherwise admissible by statute or court ruling, is admissible in evidence
in a dependency proceeding initiated under Chapter 63 (relating to juvenile matters),
involving that child or other members of that child's family, if:
(1) the court finds, in an in camera hearing, that the evidence is relevant and that the
time, content and circumstances of the statement provide sufficient indicia of reliability;
and
(2) the child either:
(i) testifies at the proceeding; or
(ii) is found by the court to be unavailable as a witness.
(b) Emotional distress.--In order to make a finding under subsection (a)(2)(ii) that the child is unavailable
as a witness, the court must determine, based on evidence presented to it, that testimony
by the child as a witness will result in the child suffering serious emotional distress
that would substantially impair the child's ability to reasonably communicate. In
making this determination, the court may do all of the following:
(1) Observe and question the child, either inside or outside the courtroom.
(2) Hear testimony of a parent or custodian or any other person, such as a person who
has dealt with the child in a medical or therapeutic setting.
(c) Counsel and confrontation.--If the court hears testimony in connection with making a finding under subsection
(a)(2)(ii), all of the following apply:
(1) Except as provided in paragraph (2), the defendant, the attorney for the defendant
and the attorney for the Commonwealth have the right to be present.
(2) If the court observes or questions the child, the court shall not permit the defendant
to be present.
(Dec. 18, 1996, P.L.1077, No.161, eff. 60 days; July 15, 2004, P.L.736, No.87, eff.
imd.)
Notes of Decisions
C.E. v. Dep't of Pub. Welfare, 917 A.2d 348 (Pa. Commw. Ct. 2007).
· cites it 15× “Under Section 5986, a child’s hearsay statements are admissible if they are reliable and the child testifies.”
R.A. v. Commonwealth, Dep't of Pub. Welfare, 82 A.3d 370 (Pa. 2013).
· cites it 6× “Pursuant to the relevant hearsay exception for child victims, 42 Pa. C.S. § 5986, infra at 12 n.10, the ALJ held an in camera hearing.”
L.W.B. v. Sosnowski, 543 A.2d 1241 (Pa. Commw. Ct. 1988).
· cites it 5× “) 42 Pa. C. S. §5986, added by Act of February 21, 1986, P.”
R.A. v. Dep't of Pub. Welfare, 41 A.3d 131 (Pa. Commw. Ct. 2012).
· cites it 8× “42 Pa.C.S. § 5986 (emphasis added). This rule was enacted for dependency proceedings but is followed in administrative hearings in expungement requests.”
R.J.W. v. Dep't of Human Servs., 139 A.3d 270 (Pa. Commw. Ct. 2016).
“Hearsay testimony of a child victim will be admitted in accordance with the standards set forth in 42 Pa.C.S. § 5986, and this rule shall be applied to permit the testimony of the victim’s parents and other family members as well as those professionals charged with investigating…”
In the Interest of: I.R.-R., Appeal of: J.R., 208 A.3d 514 (Pa. Super. Ct. 2019).
“, 42 Pa.C.S. § 5986(a) (explaining that statements "made by a child describing acts of indecent contact, sexual intercourse or deviate sexual intercourse performed with or on the child by another" are admissible in a dependency proceeding involving that child if the court finds,…”
J.M. v. Dep't of Pub. Welfare, 52 A.3d 552 (Pa. Commw. Ct. 2012).
· cites it 4× “42 Pa.C.S. § 5986. In A.Y. v. Department of Public Welfare, 537 Pa.”
J.K. v. Dep't of Pub. Welfare, 721 A.2d 1127 (Pa. Commw. Ct. 1998).
· cites it 8× “Section 5986 of the Judicial Code provides: A statement made by a child describing acts and attempted acts of indecent contact, sexual intercourse or deviate sexual intercourse performed with or on the child by another, not otherwise admissible by statute or court ruling, is…”
Commonwealth v. Stohr, 522 A.2d 589 (Pa. 1987).
· cites it 2× “1986-14 amends Title 42 (Judiciary and Judicial Procedure) and provides for admissibility of certain statements of child victims and witnesses of criminal acts in dependency proceedings initiated under Chapter 63 of Title 42 (relating to juvenile matters).”
York Cnty. Child. & Youth Servs. v. Dep't of Pub. Welfare, 668 A.2d 185 (Pa. Commw. Ct. 1995).
· cites it 3× “Hearsay testimony of a child victim will be admitted in accordance with the standards set forth in 42 Pa.C.S. § 5986, and this rule shall be applied to permit the testimony of the victim’s parents and other family members as well as those professionals charged with investigating…”
A.O. v. Dep't of Pub. Welfare, 838 A.2d 35 (Pa. Commw. Ct. 2003).
“1999), this Court clarified: Former Section 5986 [42 Pa.C.S. § 5986] was amended on December 18, 1996, effective in sixty days.”
— 42 Pa. Cons. Stat. § 5986(a) — 4 cases
In the Interest of: I.R.-R., Appeal of: J.R., 208 A.3d 514 (Pa. Super. Ct. 2019).
“, 42 Pa.C.S. § 5986(a) (explaining that statements "made by a child describing acts of indecent contact, sexual intercourse or deviate sexual intercourse performed with or on the child by another" are admissible in a dependency proceeding involving that child if the court finds,…”
— 42 Pa. Cons. Stat. § 5986(a)(1) — 3 cases
R.A. v. Dep't of Pub. Welfare, 41 A.3d 131 (Pa. Commw. Ct. 2012).
“42 Pa.C.S. § 5986 (emphasis added). This rule was enacted for dependency proceedings but is followed in administrative hearings in expungement requests.”
C.E. v. Dep't of Pub. Welfare, 917 A.2d 348 (Pa. Commw. Ct. 2007).
“Under Section 5986, a child’s hearsay statements are admissible if they are reliable and the child testifies.”
— 42 Pa. Cons. Stat. § 5986(a)(2) — 1 case
R.A. v. Dep't of Pub. Welfare, 41 A.3d 131 (Pa. Commw. Ct. 2012).
“42 Pa.C.S. § 5986 (emphasis added). This rule was enacted for dependency proceedings but is followed in administrative hearings in expungement requests.”
— 42 Pa. Cons. Stat. § 5986(b) — 4 cases
C.E. v. Dep't of Pub. Welfare, 917 A.2d 348 (Pa. Commw. Ct. 2007).
“Under Section 5986, a child’s hearsay statements are admissible if they are reliable and the child testifies.”
— 42 Pa. Cons. Stat. § 5986(c)(2) — 1 case
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