2005 Minnesota Statutes

     260C.165 Certain out-of-court statements admissible. 

    An out-of-court statement not otherwise admissible by 
 statute or rule of evidence is admissible in evidence in any 
 child in need of protection or services, neglected and in foster 
 care, or domestic child abuse proceeding or any proceeding for 
 termination of parental rights if:  

    (a) the statement was made by a child under the age of ten 
 years or by a child ten years of age or older who is mentally 
 impaired, as defined in section 609.341, subdivision 6; 

    (b) the statement alleges, explains, denies, or describes: 

    (1) any act of sexual penetration or contact performed with 
 or on the child; 

    (2) any act of sexual penetration or contact with or on 
 another child observed by the child making the statement; 

    (3) any act of physical abuse or neglect of the child by 
 another; or 

    (4) any act of physical abuse or neglect of another child 
 observed by the child making the statement; 

    (c) the court finds that the time, content, and 
 circumstances of the statement and the reliability of the person 
 to whom the statement is made provide sufficient indicia of 
 reliability; and 

    (d) the proponent of the statement notifies other parties 
 of an intent to offer the statement and the particulars of the 
 statement sufficiently in advance of the proceeding at which the 
 proponent intends to offer the statement into evidence, to 
 provide the parties with a fair opportunity to meet the 
 statement.  

    For purposes of this section, an out-of-court statement 
 includes a video, audio, or other recorded statement. 

    HIST: 1999 c 139 art 3 s 14