2010 Pennsylvania Code
Chapter 63 - Child Protective Services
6381 - Evidence in court proceedings.

                               SUBCHAPTER E
                         MISCELLANEOUS PROVISIONS

     6381.  Evidence in court proceedings.
     6382.  Guardian ad litem for child in court proceedings
     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).

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