In re G.G.

Summary

The New Hampshire Supreme Court considered whether a parent in an abuse and neglect proceeding had an absolute statutory right to subpoena and cross-examine the child after admission of the child’s videotaped interview. The court held that trial courts have discretion under the governing statutes and their inherent authority to determine whether a child should be compelled to testify, while encouraging consideration of factors concerning the child’s age, potential harm, reliability of statements, probative value, and alternatives to in-court testimony. The court affirmed in part, vacated in part, and remanded for further proceedings.

Holdings

1. RSA 169-C:18, III does not give an accused parent an absolute right to call or subpoena the child who is the subject of an abuse-and-neglect proceeding. The right to present evidence and witnesses is qualified by RSA 169-C:11, RSA 169-C:12, and the court's inherent authority to control its proceedings.
2. The trial court did not err by rejecting the respondent's claim of an absolute right to subpoena G.G., but its decision had to be vacated because the record was unclear whether it adequately considered the competing interests of the respondent and the child.
3. Trial courts should consider, as a non-exhaustive guide, the child's age; specific potential harm from testifying; indicia of reliability surrounding admitted out-of-court statements; corroborating evidence; the incremental probative value of in-court testimony; and alternatives that would permit meaningful examination without jeopardizing the child's well-being. Courts are encouraged to make express findings regarding the factors on which they rely.

Questions Presented

1. Whether RSA 169-C:18, III, RSA 169-C:12, and RSA 169-C:11 gave the respondent an absolute right to call or subpoena G.G. as a witness despite the potential harm to her.
2. Whether trial courts in abuse-and-neglect proceedings have discretion, based on statutory authority and inherent authority to control proceedings, to determine whether the child should be compelled to testify.
3. Whether the trial court adequately considered the competing interests of the respondent and G.G. before denying the request to subpoena her.
4. What factors trial courts should consider when deciding whether to compel testimony from a child who is the subject of an abuse-and-neglect proceeding.

Disposition

other