Sec. 1. 16 MRSA §61 is enacted to read:

§61.__Abrogation of hearsay rule in certain cases

1.__Custody or protection of minors.__Subsection 2 applies to the admissibility of an out-of-court statement made by a minor to the witness offering the out-of-court statement as evidence in civil actions involving the custody or protection of minors including:

A.__Protection from harassment actions brought on behalf of a minor under Title 5, chapter 337-A;

B.__Actions that include the determination of parental rights and responsibilities under Title 19-A, section 1653;

C.__Protection from abuse actions brought on behalf of a minor under Title 19-A, chapter 101; and

D.__Actions concerning the guardianship of a minor under Title 18-A, Article 5, Part 2.

2.__Hearsay.__In a civil action described in subsection 1, an out-of-court statement by a minor not specifically covered by the hearsay exceptions in the rules of evidence but having equivalent circumstantial guarantees of trustworthiness may not be excluded by the hearsay rules if the court determines that:

A.__The statement is offered as evidence of a material fact and does not constitute unduly repetitious evidence;

B.__The statement is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs; and

C.__The general purposes of the rules of evidence and the interests of justice are best served by admission of the statement into evidence.

SUMMARY

This bill allows the admission into evidence in certain civil actions of out-of-court statements by minors that would otherwise be excluded on the basis of hearsay. The exception to the hearsay rule requires the court to determine that the statement has the same guarantee of trustworthiness that the hearsay rule provides. The cases in which the hearsay rule is