Hearsay not admissible when accuser not accessible

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Eljay
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Joined: Thu Jan 20, 2011 10:01 am

Hearsay not admissible when accuser not accessible

Postby Eljay » Tue Dec 18, 2012 5:19 pm

This case said that TPR would be reversed because the parents were convicted on child sexual abuse allegations that were 100% hearsay. Appeals court said that the 6th amendment right cannot be waived or legislated away (right to confront your accuser):
http://statecasefiles.justia.com/docume ... 001979.pdf

That case was based on a Supreme Court *criminal* case (Crawford v. Washington):
http://www.law.cornell.edu/supct/html/02-9410.ZS.html

This is a paper, 5 years post-ruling, that discusses the impact of the law on CPS/child abuse/welfare cases:
http://www.ndaa.org/pdf/update_vol_21_no_9_10.pdf

My eyes are tired from reading the first case, but I'd love to have someone digest the NDAA paper and summarize it here. Any takers? :)
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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