In re J.J. and T.S.

At issue was the admissibility at a child in need of assistance (CINA) proceeding of the out-of-court statement of J.J., the nine-year-old daughter of Petitioner, alleging that Petitioner had sexually abused her. The circuit court, sitting as a juvenile court, determined that J.J.’s statement should be admissible to prove the truth of the matter asserted because it possessed the requisite particularized guarantees of trustworthiness. The court of special appeals affirmed. The Court of Appeals affirmed, holding (1) Md. Code Ann. Crim. Proc. (CP) 11-304 does not require a juvenile court to determine a child’s truth competency when ruling on the admissibility of the child’s out-of-court statement; and (2) the juvenile court did not err in finding that J.J.’s out-of-court statement possessed the requisite particularized guarantees of trustworthiness required for admissibility under CP 11-304. View "In re J.J. and T.S." on Justia Law