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Hearsay Statements From DCF Inadmissible In Court

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  • Connecticut DCF Watch
    HEARSAY STATEMENTS INADMISSIBLE FROM DCF, CASE WORKERS, POLICE, COUNSELORS AND PHYSICIANS A.G.G. v. Commonwealth of Kentucky The Court of Appeals of Kentucky
    Message 1 of 1 , Sep 27 1:30 PM
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      HEARSAY STATEMENTS INADMISSIBLE FROM DCF, CASE WORKERS,

      POLICE, COUNSELORS AND PHYSICIANS

       

      A.G.G. v. Commonwealth of Kentucky

       

      The Court of Appeals of Kentucky vacated and remanded a decision by the Barren Circuit Court which terminated parental rights because of sexual abuse. The court found that a child's statements to a counselor during therapy and a physician during a physical examination were hearsay and inadmissible at trial under the U.S. Supreme Court case, Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004), because the child did not testify at trial and there was no opportunity for cross-examination of the child.  Because the child's statements were inadmissible, the child welfare agency failed to present clear and convincing evidence that the child had been sexually abused.  Cite: NO. 2004-CA-001979-ME and NO. 2004-CA-002032-ME, 2005 Ky. App. LEXIS 163 (Ky. Ct. App 2005)

       

      DISTRICT OF COLUMBIA:  In re TY.B & In re TI.B

       

      The District of Columbia Court of Appeals reversed a lower court's order terminating a father's parental rights to his children, based on that court's finding of neglect; the appeals court holding that the erroneous termination order was based on inadmissible hearsay testimony.  The Court of Appeals concluded that the father adequately preserved his objection to admission of the testimony, and consequently reversed the termination order and remanded the case for further proceedings consistent with its opinion. Cite: No. 01-FS-1307; No. 01-FS-1320; 2005 D.C. App. LEXIS 390 (D.C. July 21, 2005)
       
      The above caselaw comes from our free handbook.
       
      Thomas M. Dutkiewicz, President
      Special Family Advocate
      Connecticut DCF Watch
      P.O. Box 3005
      Bristol, CT 06011-3005
      860-833-4127
      Admin@...
      www.connecticutDCFwatch.com
       
      P.S. Check out our web site for the FREE handbook on parental rights.  There is also a manual on "reasonable efforts" with sections for Attorneys, Judges and Agencies.
       
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