2019 California Code
Education Code - EDC
TITLE 2 - ELEMENTARY AND SECONDARY EDUCATION
DIVISION 3 - LOCAL ADMINISTRATION
PART 25 - EMPLOYEES
CHAPTER 4 - Employment Certificated Employees
ARTICLE 3.3 - Testimony of Minor Witnesses at Dismissal or Suspension Hearings
Section 44992.
(a) With a witness under 18 years of age, or a dependent person with a substantial cognitive impairment, the judge shall take special care to protect the witness from undue harassment or embarrassment, and to restrict the unnecessary repetition of questions. The judge shall also take special care to ensure that questions are stated in a form that is appropriate to the age, maturity, or cognitive level of the witness. The judge may, in the interests of justice, on objection by a party, forbid the asking of a question that is in a form that is not reasonably likely to be understood by a person of the age, maturity, or cognitive level of the witness.
(b) When a minor testifies, the judge may order the exclusion from the hearing room of all persons, including members of the press, who do not have a direct interest in the case. This order may be made if the judge determines, on the record, that requiring the minor to testify in the open hearing room would cause substantial psychological harm to the minor or would result in the minor’s inability to effectively communicate. Such an order shall be narrowly tailored to serve the specific compelling interest of the school district.
(Added by Stats. 2018, Ch. 996, Sec. 1. (AB 2234) Effective January 1, 2019.)
