Evidence Issues in CINA Cases

18 Pages Posted: 10 Jul 2010

See all articles by Lynn McLain

Lynn McLain

University of Baltimore - School of Law

Date Written: November 2, 2009

Abstract

The following questions and issues are addressed: Do the Rules of Evidence (Including the Hearsay Rule) Apply?; Parents’ Opportunity to Testify and to Cross-Examine in Shelter Care Hearings; Testimonial Privileges v. Confidential Matters; Competency of Children to Testify; Erroneous Admission of Evidence in CINA Proceedings Is Less Crucial than Erroneous Exclusion; Opinion Evidence: Md. Rules 5-701–5-706; Hearsay Exceptions of Particular Interest regarding Child’s Statements: If the Child Testifies and Is Subject to Cross-Examination Concerning the Statement; Hearsay Exceptions that Apply Regardless Whether the Child-Declarant Testifies or Not (in a non-criminal proceeding); Photographs: Authentication; Character Evidence to Prove Abuse or Neglect; Impeachment; Judicial Notice, Md. Rule 5-201; Burden of Proof.

Keywords: rules of evidence, CINA, children in need of assistance, courts, civil procedure, testimony of parents, cross-examination, shelter care hearings, confidential matters, testimonial privileges, cmpetency of children to testify, hearsay exceptions, burden of proof, erroneous admission of evidence

JEL Classification: K19, K39, K49, I39

Suggested Citation

McLain, Lynn, Evidence Issues in CINA Cases (November 2, 2009). Available at SSRN: https://ssrn.com/abstract=1636314 or http://dx.doi.org/10.2139/ssrn.1636314

Lynn McLain (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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