ID H0242

For child witnesses 12 years or older, testimony may be taken outside an open forum or without face-to-face confrontation with the defendant only if the presiding officer finds by clear and convincing evidence the child would suffer serious emotional trauma substantially impairing their ability to communicate.

For child witnesses younger than 12 years of age, testimony shall be taken outside an open forum or without face-to-face confrontation if the child would suffer serious emotional trauma substantially impairing their ability to communicate, without requiring clear and convincing evidence.

In noncriminal proceedings, the presiding officer shall order alternative testimony methods if they find by preponderance of the evidence that such presentation is necessary to serve the child's best interests or enable communication with the finder of fact.

Remote testimony by a child shall be accepted when requested by the child's parent or guardian or by an attorney representing the child or the child's parent or guardian.

For children 12 years or older, the presiding officer shall consider seven factors before permitting alternative testimony methods; for children younger than 12, alternative methods shall be allowed if a standard under the statute has been met.