Ch. 549                                          LAWS OF MARYLAND

OFFENSE AGAINST THE CHILD OF CHILD ABUSE, AS DEFINED UNDER
ARTICLE 27, § 35A OF THE CODE.

(2)  (I) AN OUT OF COURT STATEMENT MAY BE ADMISSIBLE
UNDER THIS SECTION ONLY IF THE STATEMENT WAS MADE TO AND IS
OFFERED BY;                                 

1.  A LICENSED PHYSICIAN, AS DEFINED UNDER
§ 14-101 OF THE HEALTH OCCUPATIONS ARTICLE;

2.  A LICENSED PSYCHOLOGIST, AS DEFINED
UNDER § 16-101 OF THE HEALTH OCCUPATIONS ARTICLE; OR

3.  A LICENSED SOCIAL WORKER, AS DEFINED
UNDER § 18-101 OF THE HEALTH OCCUPATIONS ARTICLE; OR                   

4. A TEACHER; AND

(II) THE INDIVIDUAL DESCRIBED UNDER ITEM (I) OF
THIS PARAGRAPH WAS ACTING IN THE COURSE OF THE INDIVIDUAL'S
PROFESSION WHEN THE STATEMENT WAS MADE.

(3)  AN OUT OF COURT STATEMENT MAY BE ADMISSIBLE UNDER
THIS SECTION ONLY IF THE STATEMENT POSSESSES PARTICULARIZED
GUARANTEES OF TRUSTWORTHINESS.

(C) (1) AN OUT OF COURT STATEMENT BY A CHILD MAY COME INTO
EVIDENCE TO PROVE THE TRUTH OF THE MATTER ASSERTED IN THE
STATEMENT IF THE CHILD IS SUBJECT TO CROSS-EXAMINATION ABOUT THE
OUT OF COURT STATEMENT AND TESTIFIES:

(I)  AT THE JUDICIAL PROCEEDINGS CRIMINAL

PROCEEDING; OR

(II)  BY CLOSED CIRCUIT TELEVISION.

(2) AN OUT OF COURT STATEMENT BY A CHILD MAY COME
INTO EVIDENCE TO PROVE THE TRUTH OF THE MATTER ASSERTED IN THE
STATEMENT IF:

(I) THE CHILD IS UNAVAILABLE TO TESTIFY AT A
JUDICIAL PROCEEDINGS; THE CRIMINAL PROCEEDING DUE TO THE CHILD'S:

1.  DEATH;

2.  ABSENCE FROM THE JURISDICTION, FOR
GOOD CAUSE SHOWN, AND THE STATE HAS BEEN UNABLE TO PROCURE THE
CHILD'S PRESENCE BY SUBPOENA OR OTHER REASONABLE MEANS;

3.  SERIOUS PHYSICAL DISABILITY; OR

4.  INABILITY TO COMMUNICATE ABOUT THE
ALLEGED OFFENSE DUE TO SERIOUS EMOTIONAL DISTRESS;

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