Today's Opinion From The NH Supreme Court
Today the Court ruled that
a child victim of abuse is not required to testify at the related 169-C abuse
and neglect hearing. Today’s case arose
from the appeal of the father/defendant, who claimed that he had a statutory
right to subpoena his child, the victim in the case, to testify at the adjudicatory
hearing and to have the ability to cross examine her. The child was 11 years old.
The Court disagreed with
the father/defendant. The Court analyzed
the relevant statutes, as well as the overall purpose of the Child Protection
Act, which is to “provide protection to children whose life, health or welfare
is endangered.” RSA 169-C, I(a). The Court determined that the statutes
provide the trial courts with “discretion in abuse and neglect proceedings to determine
whether any witness, including the child, should be compelled to testify.” In re G.G., slip. op. 2012-873 (April18, 2014).
The Court also went on to provide guidance for trial
courts when they need to decide whether to compel the child victim to testify. The Court wrote: “In
those circumstances, we encourage trial courts to consider: (1) the child’s
age; (2) the specific potential harm to the child from testifying; (3) the
indicia of reliability surrounding any admitted out-of-court statements
describing the child’s allegations; (4) evidence that may lend credibility to
the allegations of abuse or neglect, such as consistency of the child’s and
responding parent’s accounts, or evidence of prior injury; (5) the incremental
probative value of the child’s potential in-court testimony; and (6) whether
there are alternatives to in-court testimony that would enable meaningful
examination of the child without jeopardizing the child’s well-being.” Id.
The Opinion stresses that these factors are “non-exhaustive,” ensuring
that the trial courts are not overly constrained in using their best judgment
in each unique case to decide whether to compel a child victim to testify.
Keep the balls rolling!! Nice posts you have given for us.JKZLLP
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