Oregon Supreme Court - December 13, 2012
From OCDLA Library of Defense
by: Abassos • December 13, 2012 • no comments
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. DHS v GDW
