Court Rejects Child Hearsay Exception in Parental Termination Cases
A New Jersey appeals court has ruled in a case of first impression that child-welfare authorities may not rely solely on uncorroborated hearsay testimony from children where a person's parental rights are at stake.
May 22, 2017 at 01:20 PM
8 minute read
A New Jersey appeals court has ruled in a case of first impression that child-welfare authorities may not rely solely on uncorroborated hearsay testimony from children where a person's parental rights are at stake.
In a published opinion released Monday, the three-judge panel said in Division of Child Protection and Permanency v. J.E.C. that Title 30, which sets rules for the termination of parental rights, does not permit uncorroborated hearsay statements from children.
Appellate Division Judge Jack Sabatino, writing for the panel, said the case—in which a parent lost his parental rights over two minor girls—must be granted a new hearing to determine whether there is substantial proof that he committed acts of sexual abuse.
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