2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 63 - Child Protective Services
6381 - Evidence in court proceedings.
SUBCHAPTER E MISCELLANEOUS PROVISIONS Sec. 6381. Evidence in court proceedings. 6382. Guardian ad litem for child in court proceedings (Repealed). 6383. Education and training. 6384. Legislative oversight. 6385. Reimbursement to county agencies. 6386. Mandatory reporting of infants born and identified as being affected by illegal substance abuse. § 6381. Evidence in court proceedings. (a) General rule.--In addition to the rules of evidence provided under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), the rules of evidence in this section shall govern in child abuse proceedings in court or in any department administrative hearing pursuant to section 6341 (relating to amendment or expunction of information). (b) Reports of unavailable persons.--Whenever a person required to report under this chapter is unavailable due to death or removal from the jurisdiction of the court, the written report of that person shall be admissible in evidence in any proceedings arising out of child abuse other than proceedings under Title 18 (relating to crimes and offenses). Any hearsay contained in the reports shall be given such weight, if any, as the court determines to be appropriate under all of the circumstances. However, any hearsay contained in a written report shall not of itself be sufficient to support an adjudication based on abuse. (c) Privileged communications.--Except for privileged communications between a lawyer and a client and between a minister and a penitent, a privilege of confidential communication between husband and wife or between any professional person, including, but not limited to, physicians, psychologists, counselors, employees of hospitals, clinics, day- care centers and schools and their patients or clients, shall not constitute grounds for excluding evidence at any proceeding regarding child abuse or the cause of child abuse. (d) Prima facie evidence of abuse.--Evidence that a child has suffered child abuse of such a nature as would ordinarily not be sustained or exist except by reason of the acts or omissions of the parent or other person responsible for the welfare of the child shall be prima facie evidence of child abuse by the parent or other person responsible for the welfare of the child. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995) 1994 Amendment. Act 151 amended subsecs. (a) and (d).
Disclaimer: These codes may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.