CPS testimony inadmissible?

[janM]

We're in Ohio.

My son was recently successful in court in getting supervised visits for his son's mother (ncp). There was a brief review today, and the matter will be reviewed again in April.

After the incident that brought this about, my son called CPS to talk to his son and document what happened and the boy's reaction to it.

I asked about this on another legal board and was told by an attorney from Ohio that if we subpeonaed the case worker, she can't testify as to what the boy said, it would be hearsay. She said there are sometimes exceptions to the hearsay rule but a cps worker is not one of them. She hasn't replied yet as to what those might be.

Anyone know if the same would apply to her records? Or if a counsellor would be one exception to this?

[janM]

I heard from someone else on that site, they disagree with what this person told me. Seems to me a caseworker is a professional and I'm sure they testify all the time. I think we'll get another opinion.

[babyfat]

I am honestly not sure about ohio law but here in WV there is a statute that says when abuse/neglect alligations arise in family court the family court judge hands the case over to cps. Cps then invistigates it and either sends it back to family court as unfounded or they take it to circut court and prosecute it. You may want to do a search on the internet to find your state code find the one that deals with all things child welfare related/family court related and find if a simular law exists there.

Here as well a therapist, councler, social worker, psychiratist etc can testify in court on behalf of the child and state what the child told them. If the judge counts that testimoney or puts any wieght to it is up to them.

[janM]

I asked the same question of an online friend who is a GAL (not attorney) in Florida. She said they are different, but she thinks it is hearsay.

I wrote back to the attorney who told me it was, she said there are certain exceptions: a GAL will be able to testify what is in the child's best interests based on the GAL's interviews; statements made while procuring medical treatment are hearsay exceptions and statements made by parties to the case (in this case, mom and dad) are hearsay exceptions.

I think here when there are abuse allegations the court will appoint a GAL for the child. That's not really the case here...mom threatened to harm herself in the child's presence.

The next hearing is mainly to hear a CS contempt issue and is only slated for 15 minutes, so I doubt much will be said about visits then (although a review is supposed to be part of it). At some point there may be a need for a full hearing.

Thanks for the reply.