2005 Idaho Code - 9-1805 — STANDARDS FOR DETERMINING WHETHER CHILD WITNESS\' TESTIMONY MAY BE PRESENTED BY ALTERNATIVE METHOD

                                   TITLE  9
                                   EVIDENCE
                                  CHAPTER 18
          UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT
    9-1805.  STANDARDS FOR DETERMINING WHETHER CHILD WITNESS' TESTIMONY MAY BE
PRESENTED BY ALTERNATIVE METHOD. (1) In a criminal proceeding, the presiding
officer may order the presentation of the testimony of a child witness by an
alternative method only in the following situations:
    (a)  A child witness' testimony may be taken otherwise than in an open
    forum in the presence and full view of the finder of fact if the presiding
    officer finds by clear and convincing evidence that the child would suffer
    serious emotional trauma that would substantially impair the child's
    ability to communicate with the finder of fact if required to testify in
    the open forum.
    (b)  A child witness' testimony may be taken other than in a face-to-face
    confrontation between the child and a defendant if the presiding officer
    finds by clear and convincing evidence that the child would suffer serious
    emotional trauma that would substantially impair the child's ability to
    communicate with the finder of fact if required to be confronted
    face-to-face by the defendant.
    (2)  In a noncriminal proceeding, the presiding officer may order the
presentation of the testimony of a child witness by an alternative method if
the presiding officer finds by a preponderance of the evidence that presenting
the testimony of the child by an alternative method is necessary to serve the
best interests of the child or enable the child to communicate with the finder
of fact. In making this finding, the presiding officer shall consider:
    (a)  The nature of the proceeding;
    (b)  The age and maturity of the child;
    (c)  The relationship of the child to the parties in the proceeding;
    (d)  The nature and degree of emotional trauma that the child may suffer
    in testifying; and
    (e)  Any other relevant factor.