This text of New York § 642-A (Fair treatment of child victims as witnesses) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 642-a. Fair treatment of child victims as witnesses. To the extent\npermitted by law, criminal justice agencies, crime victim-related\nagencies, social services agencies and the courts shall comply with the\nfollowing guidelines in their treatment of child victims:\n 1. To minimize the number of times a child victim is called upon to\nrecite the events of the case and to foster a feeling of trust and\nconfidence in the child victim, whenever practicable and where one\nexists, a multi-disciplinary team as established pursuant to subdivision\nsix of section four hundred twenty-three of the social services law\nand/or a child advocacy center shall be used for the investigation and\nprosecution of child abuse cases involving abuse of a child, as\ndescribed in paragraph (i), (ii) or (iii)
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§ 642-a. Fair treatment of child victims as witnesses. To the extent\npermitted by law, criminal justice agencies, crime victim-related\nagencies, social services agencies and the courts shall comply with the\nfollowing guidelines in their treatment of child victims:\n 1. To minimize the number of times a child victim is called upon to\nrecite the events of the case and to foster a feeling of trust and\nconfidence in the child victim, whenever practicable and where one\nexists, a multi-disciplinary team as established pursuant to subdivision\nsix of section four hundred twenty-three of the social services law\nand/or a child advocacy center shall be used for the investigation and\nprosecution of child abuse cases involving abuse of a child, as\ndescribed in paragraph (i), (ii) or (iii) of subdivision (e) of section\none thousand twelve of the family court act, sexual abuse of a child or\nthe death of a child.\n 2. Whenever practicable, the same prosecutor should handle all aspects\nof a case involving an alleged child victim.\n 3. To minimize the time during which a child victim must endure the\nstress of his involvement in the proceedings, the court should take\nappropriate action to ensure a speedy trial in all proceedings involving\nan alleged child victim. In ruling on any motion or request for a delay\nor continuance of a proceeding involving an alleged child victim, the\ncourt should consider and give weight to any potential adverse impact\nthe delay or continuance may have on the well-being of the child.\n 4. The judge presiding should be sensitive to the psychological and\nemotional stress a child witness may undergo when testifying.\n 5. In accordance with the provisions of article sixty-five of the\ncriminal procedure law, when appropriate, a child witness as defined in\nsubdivision one of section 65.00 of such law should be permitted to\ntestify via live, two-way closed-circuit television.\n 6. In accordance with the provisions of section 190.32 of the criminal\nprocedure law, a person supportive of the "child witness" or "special\nwitness" as defined in such section should be permitted to be present\nand accessible to a child witness at all times during his testimony,\nalthough the person supportive of the child witness should not be\npermitted to influence the child's testimony.\n 7. A child witness should be permitted in the discretion of the court\nto use anatomically correct dolls and drawings during his testimony.\n