In Re Tayler F.

Summary

The court affirmed the neglect adjudications, holding that children may be deemed unavailable for purposes of the residual hearsay exception when competent, child-specific evidence shows that testifying would cause serious psychological harm. The court also held that admitting reliable and trustworthy hearsay in these circumstances does not violate the parent’s statutory confrontation right or an unqualified federal due process right to confront and cross-examine the children. The court concluded that the psychologist’s testimony ultimately supplied an adequate basis for unavailability despite procedural shortcomings in the trial court’s handling of the issue.