Child Protection Law and Admissible Evidence Essay

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Florida Child Law1. Yes, some of the statements made by Susan would be admissible as evidence in court pursuant to the Florida Rules of Evidence. Specifically, the statement she made to the attending nurse at the emergency room would likely be admissible as an excited utterance, which is a statement made under the stress of a startling event and before the person has had time to reflect or fabricate. The legal justification for admitting an excited utterance is that it is considered to be inherently reliable due to the spontaneous and sincere nature of the statement (Excited Utterance (90.802(2))).2. Yes, Susan\'s therapist or the treating physician could be called to testify in this case. The permissible scope of their testimony would likely be limited to their observations and interactions with Susan, including any statements she made to them about the alleged abuse. However, they would likely be prohibited from offering any opinion or conclusion as to whether or not the abuse actually occurred.3. Yes, Susan\'s mother could be called to testify against her former husband. However, any statements made by the former husband to his lawyer would likely be protected by attorney-client privilege and would not be admissible in court unless the privilege is waived by the former husband (Lawyer Client Privilege 90.502).

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These statements would constitute hearsay within the legal definition provided in the Florida Rules of Evidence, as they are being offered for their truth but are not being made under oath by the person who made them.4. Yes, Susan could be forced to undergo a court-ordered evaluation pursuant to the Florida Rules of Juvenile Procedure. The court has the authority to order a psychological or psychiatric evaluation of a child if it is deemed necessary to assist in the resolution of the case (Fla.R.Juv.P. 8.250). However, the evaluation would have to be conducted by a qualified professional and would be subject to certain confidentiality and privacy protections. Ultimately, Section 39.201 grants the dependency court jurisdiction over cases involving abused children, which may include Susan\'s case if the allegations are proven......

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