Sec. 3. A statement or videotape described in section 2 of this chapter is admissible in evidence in an action to determine whether a child or a whole or half blood sibling of the child is a child in need of services if, after notice to the parties of a hearing and of their right to be present: (1) the court finds that the time, content, and circumstances of the statement or videotape and any other evidence provide sufficient indications of reliability; and (2) the child: (A) testifies at the proceeding to determine whether the child or a whole or half blood sibling of the child is a child in need of services; (B) was available for face-to-face cross-examination when the statement or videotape was made; or (C) is found by the court to be unavailable as a witness because: (i) a psychiatrist, physician, or psychologist has certified that the child's participation in the proceeding creates a substantial likelihood of emotional or mental harm to the child; (ii) a physician has certified that the child cannot participate in the proceeding for medical reasons; or (iii) the court has determined that the child is incapable of understanding the nature and obligation of an oath. [Pre-1997 Recodification Citation: 31-6-15-3 part.]
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