Idaho State Statutes - Idaho Attorney Directory

STANDARDS FOR DETERMINING WHETHER CHILD WITNESS' TESTIMONY MAY BE
PRESENTED BY ALTERNATIVE METHOD. (1) In a criminal proceeding, the presiding
officer may order the presentation of the testimony of a child witness by an
alternative method only in the following situations:
(a) A child witness' testimony may be taken otherwise than in an open
forum in the presence and full view of the finder of fact if the presiding
officer finds by clear and convincing evidence that the child would suffer
serious emotional trauma that would substantially impair the child's
ability to communicate with the finder of fact if required to testify in
the open forum.
(b) A child witness' testimony may be taken other than in a face-to-face
confrontation between the child and a defendant if the presiding officer
finds by clear and convincing evidence that the child would suffer serious
emotional trauma that would substantially impair the child's ability to
communicate with the finder of fact if required to be confronted
face-to-face by the defendant.
(2) In a noncriminal proceeding, the presiding officer may order the
presentation of the testimony of a child witness by an alternative method if
the presiding officer finds by a preponderance of the evidence that presenting
the testimony of the child by an alternative method is necessary to serve the
best interests of the child or enable the child to communicate with the finder
of fact. In making this finding, the presiding officer shall consider:
(a) The nature of the proceeding;
(b) The age and maturity of the child;
(c) The relationship of the child to the parties in the proceeding;
(d) The nature and degree of emotional trauma that the child may suffer
in testifying; and
(e) Any other relevant factor.

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