Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 59 - Depositions and Witnesses
Section 5986 - Hearsay


(a) General rule.--A statement made by a child describing acts and attempted acts of indecent contact, sexual intercourse or deviate sexual intercourse performed with or on the child by another, not otherwise admissible by statute or court ruling, is admissible in evidence in a dependency proceeding initiated under Chapter 63 (relating to juvenile matters), involving that child or other members of that child's family, if:
(1) the court finds, in an in camera hearing, that the evidence is relevant and that the time, content and circumstances of the statement provide sufficient indicia of reliability; and
(2) the child either:
(i) testifies at the proceeding; or
(ii) is found by the court to be unavailable as a witness.
(b) Emotional distress.--In order to make a finding under subsection (a)(2)(ii) that the child is unavailable as a witness, the court must determine, based on evidence presented to it, that testimony by the child as a witness will result in the child suffering serious emotional distress that would substantially impair the child's ability to reasonably communicate. In making this determination, the court may do all of the following:
(1) Observe and question the child, either inside or outside the courtroom.
(2) Hear testimony of a parent or custodian or any other person, such as a person who has dealt with the child in a medical or therapeutic setting.
(c) Counsel and confrontation.--If the court hears testimony in connection with making a finding under subsection (a)(2)(ii), all of the following apply:
(1) Except as provided in paragraph (2), the defendant, the attorney for the defendant and the attorney for the Commonwealth have the right to be present.
(2) If the court observes or questions the child, the court shall not permit the defendant to be present.
(Dec. 18, 1996, P.L.1077, No.161, eff. 60 days; July 15, 2004, P.L.736, No.87, eff. imd.)

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 42 - JUDICIARY AND JUDICIAL PROCEDURE

Chapter 59 - Depositions and Witnesses

Extra - Chapter Notes

Section 5901 - Judicial oath

Section 5902 - Effect of religious beliefs

Section 5903 - Compensation and expenses of witnesses

Section 5904 - Subpoena of witnesses

Section 5905 - Subpoenas

Section 5911 - Competency of witnesses generally

Section 5912 - Effect of prior convictions

Section 5913 - Spouses as witnesses against each other

Section 5914 - Confidential communications between spouses

Section 5915 - Testimony by spouse in rebuttal

Section 5916 - Confidential communications to attorney

Section 5917 - Notes of evidence at former trial

Section 5918 - Examination of defendant as to other offenses

Section 5919 - Depositions in criminal matters

Section 5920 - Expert testimony in certain criminal proceedings

Section 5921 - Interest not to disqualify

Section 5922 - Disqualification by perjury

Section 5923 - Confidential communications between spouses

Section 5924 - Spouses as witnesses against each other

Section 5925 - Testimony by married person against spouse in rebuttal

Section 5926 - Testimony by spouse after attack on character or conduct

Section 5927 - Actions by spouse to recover separate property

Section 5928 - Confidential communications to attorney

Section 5929 - Physicians not to disclose information

Section 5930 - Surviving party as witness, in case of death, mental incapacity, etc

Section 5931 - Incompetent witnesses

Section 5932 - Witness competent to testify against interest; to become competent upon release of interest

Section 5933 - Competency of surviving party

Section 5934 - Notes of evidence at former trial

Section 5935 - Examination of person adversely interested

Section 5936 - Medical testimony by deposition

Section 5941 - Persons who may be compelled to testify

Section 5942 - Confidential communications to news reporters

Section 5943 - Confidential communications to clergymen

Section 5944 - Confidential communications to psychiatrists or licensed psychologists

Section 5945 - Confidential communications to school personnel

Section 5945.1 - Confidential communications with sexual assault counselors.

Section 5945.2 - Confidential communications to crime stopper or similar anticrime program

Section 5945.3 - Confidential communications with human trafficking caseworkers

Section 5946 - Competency of certain witnesses where political subdivision is a party

Section 5947 - Immunity of witnesses

Section 5948 - Confidential communications to qualified professionals

Section 5949 - Confidential mediation communications and documents

Section 5950 - Confidential communications involving law enforcement officers

Section 5951 - Confidential communications involving public safety responders and corrections officers

Section 5952 - Confidential communications to peer support members

Section 5961 - Short title of subchapter

Section 5962 - Definitions

Section 5963 - Summoning witness in this Commonwealth to testify in another state

Section 5964 - Witness from another state summoned to testify in this Commonwealth

Section 5965 - Exemption from arrest and service of process

Section 5971 - Short title of subchapter

Section 5972 - Definitions

Section 5973 - Scope of subchapter

Section 5974 - Summoning prisoner in this Commonwealth to testify in another state

Section 5975 - Court order

Section 5976 - Terms and conditions

Section 5977 - Prisoner from another state summoned to testify in this Commonwealth

Section 5978 - Compliance

Section 5979 - Exemption from arrest and service of process

Section 5981 - Declaration of policy

Section 5982 - Definitions

Section 5983 - Rights and services

Section 5984 - Videotaped depositions (Repealed)

Section 5984.1 - Recorded testimony

Section 5985 - Testimony by contemporaneous alternative method

Section 5985.1 - Admissibility of certain statements

Section 5986 - Hearsay

Section 5987 - Use of dolls

Section 5988 - Victims of sexual or physical abuse

Section 5991 - Declaration of policy

Section 5992 - Definitions

Section 5993 - Admissibility of certain statements