8-384

8-384. Inability to exercise rights; designation
of others; notice; representative for a minor

A. If a victim is physically or emotionally unable to exercise any right but is
able to designate a lawful representative who is not a bona fide witness, the designated
person may exercise the same rights that the victim is entitled to exercise. The victim
may revoke this designation at any time and exercise the victim's rights.

B. If a victim is incompetent, deceased or otherwise incapable of designating
another person to act in the victim's place, the court may appoint a lawful
representative who is not a witness. If at any time the victim is no longer incompetent,
incapacitated or otherwise incapable of acting, the victim may personally exercise the
victim's rights.

C. If the victim is a minor the victim's parent or other immediate family member
may exercise all of the victim's rights on behalf of the victim. If the delinquent act
is alleged against a member of the minor's immediate family, these rights may not be
exercised by that person but may be exercised by another member of the immediate family
unless the court, after considering the guidelines in subsection D, finds that another
person would better represent the interests of the minor.

D. The court shall consider the following guidelines in appointing a representative
for a minor:

1. If the minor has a relative who would not be so substantially affected or
adversely impacted by the conflict resulting from the allegation of a delinquent act
against a member of the immediate family of the minor that the representative could not
represent the victim.

2. The representative's willingness and ability to do all of the following:

(a) Undertake working with and accompanying the minor victim through all
proceedings, including delinquency, civil and dependency proceedings.

(b) Communicate with the minor victim.

(c) Express the concerns of the minor to those authorized to come in contact with
the minor as a result of the proceedings.

3. The representative's training, if any, to serve as a minor's representative.

4. The likelihood of the representative being called as a witness in the case.

E. The minor's representative shall accompany the minor victim through all
proceedings, including delinquency, criminal, dependency and civil proceedings, and,
before the minor's courtroom appearance, shall explain to the minor the nature of the
proceedings and what the minor will be asked to do, including telling the minor that the
minor is expected to tell the truth. The representative shall be available to observe
the minor in all aspects of the case in order to consult with the court as to any special
needs of the minor. Those consultations shall take place before the minor
testifies. The court may recognize the minor's representative when the representative
indicates a need to address the court. A minor's representative shall not discuss the
facts and circumstances of the case with the minor witness, unless the court orders
otherwise on a showing that it is in the best interests of the minor.

F. Any notices that are to be provided to a victim pursuant to this article shall
be sent only to the victim or the victim's lawful representative.