16-43-1202. Safeguards for child victims testifying in judicial and administrative proceedings.

Arkansas Code — all titles (historical 2020) · legal_authorities

16-43-1202. Safeguards for child victims testifying in judicial and administrative proceedings.

16-43-1202. Safeguards for child victims testifying in judicial and administrative proceedings. In order to facilitate testimony that is fair and accurate, the following safeguards should be followed: (1) 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 proceeding or administrative proceeding; (2) The prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney shall explain: (A) The oath that will be administered to the child; and (B) That the judge will determine whether the child is competent to testify; (3) 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; (4) 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; (5) If it is in the child's best interests, the prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney may file a motion for the child to have a comfort item when testifying in a judicial or administrative proceeding; (6) If it is in the child's best interests, the prosecuting attorney, 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 an administrative proceeding; and (7) The prosecuting a

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-43-1202

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.