In re: J.J. and T.S.

Out-of-court statements offered for the truth of the matter asserted are generally inadmissible as hearsay unless otherwise permitted by statute or rule. One such statutory exception, known as the “tender years exception,” is found at § 11-304 of the Criminal Procedure (“CP”) Article of the Maryland Code. Section 11-304 applies to criminal cases and juvenile court proceedings, including child in need of assistance (“CINA”) proceedings. 1 That section further provides that a child’s out-of-court statement is admissible to prove the matter asserted “only if’ the statement has “particularized…