A statement or videotape described in section 2 of this chapter is admissible in evidence in an action to determine whether a child or a whole or half blood sibling of the child is a child in need of services if, after notice to the parties of a hearing and of their right to be present:(1) the court finds that the time, content, and circumstances of the statement or videotape and any other evidence provide sufficient indications of reliability; and(2) the child:(A) testifies at the proceeding to determine whether the child or a whole or half blood sibling of the child is a child in need of services;(B) was available for face-to-face cross-examination when the statement or videotape was made; or(C) is found by the court to be unavailable as a witness because:(i) a psychiatrist, physician, or psychologist has certified that the child's participation in the proceeding creates a substantial likelihood of emotional or mental harm to the child;(ii) a physician has certified that the child cannot participate in the proceeding for medical reasons; or(iii) the court has determined that the child is incapable of understanding the nature and obligation of an oath.[Pre-1997 d that the child cannot participate in the proceeding for medical reasons; or(iii) the court has determined that the child is incapable of understanding the nature and obligation of an oath.[Pre-1997 Recodification Citation: 31-6-15-3 part.]As added by P.L.1-1997, SEC.17.
Indiana Legal Code