An Act To Abrogate the Hearsay Rule in Cases Involving Custody or Protection of Children
Maine Legislature, Session 121, LD 1669
Committee: Judiciary
Sponsors: GOODWIN, SHOREY, BOWLES, CARR, CLARK, KAELIN, TREADWELL, DAVIS, DOUGLASS

Legislative Document 
No. 1669 
H.P.1245 
House of Representati ves, December 19, 2003 
An Act To Abrogate the Hearsay Rule in Cases Involving Custody 
or Protection of Children 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 16,2003. Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative GOODWIN of Pembroke. 
Cosponsored by Senator SHOREY of Washington and 
17/~ 
1?1.11!iIC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BOWLES of Sanford, CARR of Lincoln, CLARK of Millinocket, DUGA Y of 
Cherryfield, KAELIN of Winterport, TREADWELL of Carmel, Senators: DAVIS of 
Piscataquis, DOUGLASS of Androscoggin. 
Printed on recyc led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 16 MRS A §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 IS-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 
1.o1hich 
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 
abrogated 
children 
protection 
behalf of 
Code. 
are 
those 
involving 
the 
custody 
or 
protection of 
in any parental rights 
and 
responsibilities matter, 
from abuse and protection from harassment actions on 
the minor and guardianship actions under the Probate