2005 Idaho Code - 16-1613 — HEARINGS UNDER THE CHILD PROTECTIVE ACT

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 16
                             CHILD PROTECTIVE ACT
    16-1613.  HEARINGS UNDER THE CHILD PROTECTIVE ACT. (1) Proceedings under
this chapter shall be dealt with by the court at hearings separate from those
for adults and without a jury. The hearings shall be conducted in an informal
manner and may be adjourned from time to time. The general public shall be
excluded, and only such persons shall be admitted as are found by the court to
have a direct interest in the case. The child may be excluded from hearings at
any time at the discretion of the court. If the parent or guardian is without
counsel, the court shall inform them of their right to be represented by
counsel and to appeal from any disposition or order of the court.
    (2)  When a child is summoned as a witness in any hearing under this act,
notwithstanding any other statutory provision, parents, a counselor, a friend,
or other person having a supportive relationship with the child shall, if
available, be permitted to remain in the courtroom at the witness stand with
the child during the child's testimony unless, in written findings made and
entered, the court finds that the constitutional right of the child's
parent(s), guardian(s) or other custodian(s) to a fair hearing will be unduly
prejudiced.
    (3)  At any stage of a proceeding under this chapter, if the court
determines that it is in the best interests of the child or society, the court
may cause the proceeding to be expanded or altered to include full or partial
consideration of the cause under the juvenile corrections act without
terminating the original proceeding under this chapter.

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