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?
Hearsay not admissible when accuser not accessible
Moderators: family_man, LindaJM
Hearsay not admissible when accuser not accessible
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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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.
----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----
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