§ 16519.63. — 16519.63. (Added by Stats. 2017, Ch. 732, Sec. 110.)

California § 16519.63.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 9.: DIVISION 9. PUBLIC SOCIAL SERVICES
• Part 4.: PART 4. SERVICES FOR THE CARE OF CHILDREN
• Ch. 5.: CHAPTER 5. State Child Welfare Services
• Art. 2.: ARTICLE 2. Resource Family Approval Program

Text

(a)
An administrative law judge conducting a hearing pursuant to this article may permit the testimony of a child witness or a similarly vulnerable witness, including, but not limited to, a witness who is intellectually disabled, to be taken outside the presence of the respondent if all of the following conditions exist:
(1)
The administrative law judge determines that taking the testimony of the witness outside the presence of the respondent is necessary to ensure truthful testimony.
(2)
The witness is likely to be intimidated by the presence of the respondent.
(3)
The witness is afraid to testify in front of the respondent.
(b)
If the testimony of a witness is taken outside of the presence of the respondent, the county, or the department in an exclusion action, shall provide for the use of one-way closed-circuit television or video so the respondent can observe the witness’ testimony. Nothing in this section shall limit a respondent’s right to cross-examine the witness.
(c)
The administrative law judge presiding over a hearing in which testimony is taken pursuant to this section may clear the hearing room of any person in order to protect a witness from intimidation or other harm, taking into account the rights of all persons.

Legislative History

Added by Stats. 2017, Ch. 732, Sec. 110. (AB 404) Effective January 1, 2018.