§ 10A-1-4-505. Admissibility of prerecorded statements of child age 12 or under who is victim of abuse.

A.  This section shall apply only to a proceeding brought within the purview of the Oklahoma Children’s Code in which a child twelve (12) years of age or younger is alleged to be deprived, and shall apply only to the statement of that child or another child witness.

B.  The recording of an oral statement of the child made before the proceedings begin is admissible into evidence if:

1.  The court determines in a hearing conducted outside the presence of the jury that the time, content and totality of circumstances surrounding the taking of the statement provide sufficient indicia of reliability so as to render it inherently trustworthy.  In determining trustworthiness, the court may consider, among other things, the following factors: the spontaneity and consistent repetition of the statement, the mental state of the declarant, whether the terminology used is unexpected of a child of similar age or of an incapacitated person, and whether a lack of motive to fabricate exists; and the child either:

a.              testifies or is available to testify at the proceedings in open court or through an alternative method pursuant to the provisions of the Uniform Child Witness Testimony by Alternative Methods Act or Section 2611.2 of Title 12 of the Oklahoma Statutes, or

b.              is unavailable as a witness as defined in Section 2804 of Title 12 of the Oklahoma Statutes.  When the child is unavailable, such statement may be admitted only if there is corroborative evidence of the act;

2.  No attorney for any party is present when the statement is made.  However, if appropriate facilities are utilized that allow observation of the child without the child’s knowledge or awareness in any way, any such attorney may be present as an observer, but not as a participant, and no such attorney shall have any right to intervene, object, or otherwise make his or her presence known to the child before, after, or during the making of the statement of the child;

3.  The recording is both visual and aural and is recorded on film or videotape or by other electronic means;

4.  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;

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

6.  Every voice on the recording is identified;

7.  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;

8.  Each party to the proceeding is afforded an opportunity to view the recording before the recording is offered into evidence; and

9.  A copy of a written transcript of the recording transcribed by a licensed or certified court reporter is available to the parties.

A statement may not be admitted under this subsection unless the proponent of the statement makes known to the parties an intention to offer the statement and the particulars of the statement at least ten (10) days in advance of the proceedings to provide the parties with an opportunity to prepare to answer the statement.

Added by Laws 1984, c. 111, § 1, emerg. eff. April 9, 1984.  Amended by Laws 1995, c. 352, § 24, eff. July 1, 1995.  Renumbered from § 1147 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 2009, c. 233, § 28, emerg. eff. May 21, 2009.  Renumbered from § 7003-4.2 of Title 10 by Laws 2009, c. 233, § 238, emerg. eff. May 21, 2009.