Oregon Supreme Court - December 13, 2012

'''Admissions of a Party Opponent - Dependency'''

'''Admissions of a Party Opponent - Dependency'''

The out-of-court sexual abuse allegations of a child are not admissible as statements of a party opponent, against father, in a dependency proceeding. OEC 801(4)(b)(A), declaring statements of a party opponent to be non-hearsay, only applies when one party is offering another party's statements against that same party and adverse to a position that party has taken in the proceedings. The child's statements could theoretically be offered by the state against the child, but not against father. [http://www.publications.ojd.state.or.us/docs/S059950.pdf DHS v GDW]

The out-of-court sexual abuse allegations of a child are not admissible as statements of a party opponent, against father, in a dependency proceeding. OEC 801(4)(b)(A), declaring statements of a party opponent to be non-hearsay, only applies when one party is offering another party's statements against that same party and adverse to a position that party has taken in the proceedings. The child's statements could theoretically be offered by the state against the child, but not against father. [http://www.publications.ojd.state.or.us/docs/S059950.pdf DHS v GDW]

{{wl-publish: 2012-12-13 10:47:28 -0800 | abassos }}

{{wl-publish: 2012-12-13 10:47:28 -0800 | abassos }}