What should a proponent demonstrate regarding a child’s testimony under Ohio law?

Under Ohio law, a proponent must demonstrate the child's capability to perceive facts in order to establish the admissibility of the child's testimony. This means showing that the child can accurately perceive and recount events or facts relevant to the case.

Perception involves the child's ability to observe and recall information clearly and coherently. Courts assess this capability on a case-by-case basis, often considering the child's age, maturity, and cognitive development. The focus is on whether the child can provide an accurate account of their experiences or observations rather than their familiarity with the legal process or whether they are adhering to any external influences, such as parental wishes.

This foundational requirement ensures that the child’s testimony has probative value and can aid in the fact-finding mission of the court, ultimately serving the broader interests of justice.