2006 Kansas Code - 38-1557

      38-1557.   Recorded statement of child admissible in certain cases; limitations. In any proceeding pursuant to the Kansas code for care of children in which a child less than 13 years of age is alleged to have been physically, mentally or emotionally abused or neglected or sexually abused, a recording of an oral statement of the child, or of any witness less than 13 years of age, made before the proceeding began, is admissible in evidence if:

      (a)   The court determines that the time, content and circumstances of the statement provide sufficient indicia of reliability;

      (b)   no attorney for any party is present when the statement is made;

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

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

      (e)   the statement is not made in response to questioning calculated to lead the child to make a particular statement or is clearly shown to be the child's statement and not made solely as a result of a leading or suggestive question;

      (f)   every voice on the recording is identified;

      (g)   the person conducting the interview of the child in the recording is present at the proceeding and is available to testify or be cross-examined by any party; and

      (h)   each party to the proceeding is afforded an opportunity to view the recording before it is offered into evidence, and a copy of a written transcript is provided to the parties.

      History:   L. 1985, ch. 112, § 1; L. 1986, ch. 119, § 7; July 1.