Texas Codes

Tex. Fam. Code § 104.002 (2026)

Prerecorded Statement Of Child

✓ current as of May 2026

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Sec. 104.002. PRERECORDED STATEMENT OF CHILD. If a child 12 years of age or younger is alleged in a suit under this title to have been abused, the recording of an oral statement of the child recorded prior to the proceeding is admissible into evidence if:

(1) no attorney for a party was present when the statement was made;

(2) the recording is both visual and aural and is recorded on film or videotape or by other electronic means;

(3) the recording equipment was capable of making an accurate recording, the operator was competent, and the recording is accurate and has not been altered;

(4) the statement was not made in response to questioning calculated to lead the child to make a particular statement;

(5) each voice on the recording is identified;

(6) the person conducting the interview of the child in the recording is present at the proceeding and available to testify or be cross-examined by either party; and

(7) each party is afforded an opportunity to view the recording before it is offered into evidence.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 2003–2024 · leading case: in the Interest of E.G., Minor Child., 373 S.W.3d 129 (Tex. App. 2012).

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in the Interest of E.G., Minor Child., 373 S.W.3d 129 (Tex. App. 2012). “See Tex. Fam. Code Ann. § 104.002 (West 2008); id.”

In the Interest of S.P., 168 S.W.3d 197 (Tex. App. 2005). · cites it 2× “Tex. Fam.Code Ann. § 104.002. . Under section 104.”

Cheek v. State, 119 S.W.3d 475 (Tex. App. 2003). “See Tex. Fam.Code Ann. § 104.002 (Vernon 2002).”

In Re Sp, 168 S.W.3d 197 (Tex. App. 2005). · cites it 2× “cording equipment was capable of making an accurate recording, the operator was competent, and the recording is accurate and has not been altered; (4) the statement was not made in response to questioning calculated to lead the child to make a particular statement; (5) each…”

R. M. v. Texas Dep't of Fam. & Prot. Servs. (Tex. App. 2024). “” See Tex. Fam. Code § 104.002(b). The child’s attorney ad litem argues on appeal that the trial court was not required to consider Section 102.”

in the Interest of C.G. (Tex. App. 2014). “See TEX. FAM. CODE ANN. § 104.002(d) (West Supp.”

— Tex. Fam. Code § 104.002(4) — 2 cases

In the Interest of S.P., 168 S.W.3d 197 (Tex. App. 2005). “Tex. Fam.Code Ann. § 104.002. . Under section 104.”

In Re Sp, 168 S.W.3d 197 (Tex. App. 2005). “cording equipment was capable of making an accurate recording, the operator was competent, and the recording is accurate and has not been altered; (4) the statement was not made in response to questioning calculated to lead the child to make a particular statement; (5) each…”

— Tex. Fam. Code § 104.002(b) — 1 case

— Tex. Fam. Code § 104.002(d) — 1 case

in the Interest of C.G. (Tex. App. 2014). “See TEX. FAM. CODE ANN. § 104.002(d) (West Supp.”

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