Commonwealth v. Walter

OPINION

Justice TODD.

In this appeal by the Commonwealth, we consider whether the Superior Court erred in holding the trial court was required to determine that the child victim was competent to testify under Pa.R.E. 601 prior to admitting her out-of-court statements into evidence pursuant to the Tender Years Hearsay Act (“TYHA”), 42 Pa.C.S.A. *445§ 5985.1. We hold that a determination of a child’s competency pursuant to Rule 601 is not a prerequisite to the admission of hearsay statements under the TYHA, and, therefore, we reverse the decision of the Superior Court and remand for further…