CPS must tape-record victim interviews, has burden to prove "harmless error"

CHILD ABUSE – CPS DUTY TO TAPE RECORD INTERVIEWS – HARMLESS ERROR – BURDEN OF PROOF.  In Hobbs v. Conyers, unpublished, 24 VLW 1026 (1/26/10), the Court of Appeals held that it was not harmless error for the CPS to fail or refuse (in violation of §22 Virginia Administrative Code ¶40-705-80(B)(1)) to tape record two interviews of an alleged victim. It was not proved to be harmless error. However, Judge McClanahan dissented, believing that the appellant has the burden of proving that the error was not harmless, and that the CPS should not be required to prove that it was.