3.10.170 Rule 16 – Proceedings involving children.
(A) Unless there is a contested issue of fact or law, the proceedings shall be conducted in a nonadversarial atmosphere.
(B) A child may testify in chambers and outside the presence of the child’s parent, guardian, custodian or other adult relative if the parent, guardian, custodian or other adult relative is represented by counsel who is present, and the Court determines that any of the following circumstances exist:
(1) Testimony in chambers is necessary to ensure truthful testimony;
(2) The child is likely to be intimidated by a formal courtroom setting; or
(3) The child is afraid to testify in front of the parent, guardian, custodian or other adult relative. In determining whether there is a basis for the child’s in-chambers testimony, the Court may consider any relevant report or other offers of proof. If the Court orders the child to testify in-chambers, the parent, guardian, custodian or other adult relative may elect to have the Court play back the child’s testimony.
(C) After completion of the petitioner’s case, and the presentation of evidence by the child, the Court may, on motion of any party or on the Court’s own motion, order whatever action the law requires if the Court, based on all the evidence then before it, finds that the moving party has met its burden of proof. If the motion is denied, the respondent may offer evidence, including testimony from the child, the parent, guardian, custodian or other adult relative. [Res. 22-R-198 Att. A, 11/17/2022; General Order 19-001, 6/21/2019.]