Texas Family Code

§ 104.002 — PRERECORDED STATEMENT OF CHILD

FA § 104.002Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part A. GENERAL PROVISIONS · Ch. 104. EVIDENCE

Statute text

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If a child 12 years of age or younger is alleged in a suit under this title to have been abused, the recording of an oral statement of the child recorded prior to the proceeding is admissible into evidence if:

(1)no attorney for a party was present when the statement was made;

(2)the recording is both visual and aural and is recorded on film or videotape or by other electronic means;

(3)the recording equipment was capable of making an accurate recording, the operator was competent, and the recording is accurate and has not been altered;

(4)the statement was not made in response to questioning calculated to lead the child to make a particular statement;

(5)each voice on the recording is identified;

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Legislative history

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.