VII. (§16.40) Child Hearsay Statutes and Other Nontraditional Statutory Exceptions
Some cases inherently present difficult problems of proof that the traditional hearsay rules can only make worse. The legislature, as a matter of policy, has decided that in some instances—most prominently child abuse cases—the rules should simply be bent so that statements that would not pass muster under common-law rules will be admissible. In doing so, the legislature tried to build in enough safeguards that the party against whom the evidence is offered will have a fair chance to challenge the trustworthiness and reliability of the statement...
