2013 Indiana Code TITLE 31. FAMILY LAW AND JUVENILE LAW ARTICLE 35. JUVENILE LAW: TERMINATION OF PARENT-CHILD RELATIONSHIP CHAPTER 5. CHILD TESTIMONY BY CLOSED CIRCUIT TELEVISION
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IC 31-35-5
Chapter 5. Child Testimony by Closed Circuit Television
IC 31-35-5-1
Application of chapter
Sec. 1. This chapter applies to an action to determine whether to
terminate a parent-child relationship under:
(1) IC 31-35-2; or
(2) IC 31-35-3.
As added by P.L.1-1997, SEC.18.
IC 31-35-5-2
Court order for use of closed circuit television
Sec. 2. On the motion of the attorney for the department, the court
may order that:
(1) the testimony of a child be taken in a room other than the
courtroom and be transmitted to the courtroom by closed circuit
television; and
(2) the questioning of the child by the parties be transmitted to
the child by closed circuit television.
As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006,
SEC.332; P.L.146-2008, SEC.621.
IC 31-35-5-3
Court order for use of videotapes
Sec. 3. On the motion of the attorney for the department, the court
may order that the testimony of a child be videotaped for use at
proceedings to determine whether the parent-child relationship
should be terminated.
As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006,
SEC.333; P.L.146-2008, SEC.622.
IC 31-35-5-4
Children who may testify outside courtroom; informing parties of
intention to testify
Sec. 4. The court may not make an order under section 2 or 3 of
this chapter unless:
(1) the testimony to be taken is the testimony of a child who at
the time of the trial is:
(A) less than fourteen (14) years of age; or
(B) at least fourteen (14) years of age but less than eighteen
(18) years of age and has a disability attributable to an
impairment of general intellectual functioning or adaptive
behavior that:
(i) is likely to continue indefinitely;
(ii) constitutes a substantial impairment of the child's
ability to function normally in society; and
(iii) reflects the child's need for a combination and
sequence of special, interdisciplinary, or generic care,
treatment, or other services that are of lifelong or extended
duration and are individually planned and coordinated; and
(C) found by the court to be a child who should be permitted
to testify outside the courtroom because:
(i) a psychiatrist, physician, or psychologist has certified
that the child's testifying in the courtroom creates a
substantial likelihood of emotional or mental harm to the
child;
(ii) a physician has certified that the child cannot be
present in the courtroom for medical reasons; or
(iii) evidence has been introduced concerning the effect of
the child's testifying in the courtroom and the court finds
that it is more likely than not that the child's testifying in
the courtroom creates a substantial likelihood of emotional
or mental harm to the child;
(2) the prosecuting attorney or the attorney for the department
has informed the parties and their attorneys by written notice of
the intention to have the child testify outside the courtroom; and
(3) the prosecuting attorney or the attorney for the department
informed the parties and their attorneys under subdivision (2)
at least seven (7) days before the proceedings to give the parties
and their attorneys a fair opportunity to prepare a response
before the proceedings to the motion of the prosecuting attorney
or the motion of the attorney for the department to permit the
child to testify outside the courtroom.
As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006,
SEC.334; P.L.162-2011, SEC.54.
IC 31-35-5-5
Persons who may be present during child's testimony; closed
circuit television
Sec. 5. If the court makes an order under section 2 of this chapter,
only the following persons may be in the same room as the child
during the child's testimony:
(1) Persons necessary to operate the closed circuit television
equipment.
(2) Persons whose presence the court finds will contribute to the
child's well-being.
(3) A court bailiff or court representative.
As added by P.L.1-1997, SEC.18.
IC 31-35-5-6
Persons who may be present during child's testimony; videotapes
Sec. 6. If the court makes an order under section 3 of this chapter,
only the following persons may be in the same room as the child
during the child's videotaped testimony:
(1) The judge.
(2) The prosecuting attorney or the attorney for the department.
(3) The attorney for each party.
(4) Persons necessary to operate the electronic equipment.
(5) The court reporter.
(6) Persons whose presence the court finds will contribute to the
child's well-being.
(7) The parties, who can observe and hear the testimony of the
child without the child being able to observe or hear the parties.
However, if a party is not represented by an attorney, the party
may question the child.
As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006,
SEC.335.
IC 31-35-5-7
Persons who may question child testifying by closed circuit
television or videotape
Sec. 7. If the court makes an order under section 2 or 3 of this
chapter, only the following persons may question the child:
(1) The prosecuting attorney or the attorney for the department.
(2) The attorneys for the parties.
(3) The judge.
As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006,
SEC.336.
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