What is the test for admitting a child's statement that describes physical or sexual abuse?

California, United States of America


The following excerpt is from People v. Chavez, G052186 (Cal. App. 2017):

Section 1360 creates a hearsay exception for children's statements that describe acts of physical or sexual abuse. (1360, subd. (a).) As a prerequisite for admission, the proponent of such a statement must "make[] known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement." (Id., at subd. (b).) Generally, this requirement is satisfied in a criminal trial when notice of intent is provided before the jury is sworn. (People v. Roberto V. (2001) 93 Cal.App.4th 1350, 1372.) However, "[t]he trial court has discretion in each instance to determine whether the party adverse to the statement had a fair opportunity to prepare to meet the statement, depending upon the particular circumstances of each case." (Id. at p. 1373, fn. 14.)

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