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

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
104
Abstract Views
883
Rank
466,166
PlumX Metrics