9 CAR pt. 40, Appendix E. Safeguards for Child Victims Testifying in Judicial and Administrative Proceedings

APPENDIX E: SAFEGUARDS FOR CHILD VICTIMS TESTIFYING IN JUDICIAL AND ADMINISTRATIVE PROCEEDINGS 06/2022 In order to facilitate testimony that is fair and accurate, the following safeguards should be implemented or used: A. The prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney shall inform the child about the nature of the judicial or administrative proceeding in age appropriate language; B. The prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney shall explain: 1) The meaning of the oath that the child will take; and 2) The judge’s decision about whether the child understands the issues well enough and has the capacity to provide meaningful testimony; C. The prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney shall explain to the child that if the child does not understand a question while testifying in the judicial proceeding or administrative proceeding, the child has a right to say that he or she does not understand the question; D. The prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney may file a motion to have the child testify at a time of day when the child is most alert and best able to understand questions posed in court; E. If it is in the child’s best interest, the prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney may file a motion for the child to have a comfort item (favorite toy, transitional blanket) when testifying in a judicial or administrative proceeding; F. If it is in the child’s best interest, the prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney may file a motion for the child to have a support person present when the child testifies in a judicial proceeding or administrative proceeding; and G. The prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney shall consider the effect upon the child when the child is subjected to argumentative or harassing questions and shall make the proper objections when appropriate to ensure the child is not subjected to argumentative or harassing questioning.