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 toterminate 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 courtmay order that:
        (1) the testimony of a child be taken in a room other than thecourtroom and be transmitted to the courtroom by closed circuittelevision; and
        (2) the questioning of the child by the parties be transmitted tothe 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 courtmay order that the testimony of a child be videotaped for use atproceedings to determine whether the parent-child relationshipshould 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 ofintention to testify
    Sec. 4. The court may not make an order under section 2 or 3 ofthis chapter unless:
        (1) the testimony to be taken is the testimony of a child who atthe 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 animpairment of general intellectual functioning or adaptivebehavior that:
                (i) is likely to continue indefinitely;
                (ii) constitutes a substantial impairment of the child'sability to function normally in society; and
                (iii) reflects the child's need for a combination andsequence 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 permittedto testify outside the courtroom because:
                (i) a psychiatrist, physician, or psychologist has certifiedthat the child's testifying in the courtroom creates asubstantial likelihood of emotional or mental harm to thechild;
                (ii) a physician has certified that the child cannot bepresent in the courtroom for medical reasons; or
                (iii) evidence has been introduced concerning the effect ofthe child's testifying in the courtroom and the court findsthat it is more likely than not that the child's testifying inthe courtroom creates a substantial likelihood of emotionalor mental harm to the child;
        (2) the prosecuting attorney or the attorney for the departmenthas informed the parties and their attorneys by written notice ofthe intention to have the child testify outside the courtroom; and
        (3) the prosecuting attorney or the attorney for the departmentinformed the parties and their attorneys under subdivision (2)at least twenty (20) days before the proceedings to give theparties and their attorneys a fair opportunity to prepare aresponse before the proceedings to the motion of theprosecuting attorney or the motion of the attorney for thedepartment 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.

IC 31-35-5-5
Persons who may be present during child's testimony; closedcircuit 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 childduring the child's testimony:
        (1) Persons necessary to operate the closed circuit televisionequipment.
        (2) Persons whose presence the court finds will contribute to thechild'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 childduring 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 thechild's well-being.
        (7) The parties, who can observe and hear the testimony of thechild without the child being able to observe or hear the parties.However, if a party is not represented by an attorney, the partymay 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 circuittelevision or videotape
    Sec. 7. If the court makes an order under section 2 or 3 of thischapter, 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.