§ 593 — Alternative method of testimony

Pennsylvania § 593

• Jurisdiction: Pennsylvania
• Title 2: ADMINISTRATIVE LAW AND PROCEDURE
• Ch. 5: PRACTICE AND PROCEDURE
• Subch.: CHILD VICTIMS AND WITNESSES

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(a) Applicability.--In a proceeding before the department, an alternative method of testimony shall be utilized if both of the following apply:

(1) A child is the subject or material witness to a substantiated report of child abuse or sexual abuse or exploitation by a party to a proceeding under this chapter.

(2) An alternative method of testimony is necessary to protect and promote the best interests of the child.

(b) Due process rights.--Nothing in this section is intended to deprive a party to the proceeding of the party's due process rights.

(c) Petition.--A petition on a form developed by the department to utilize the provisions of this section may be made on behalf of the child. The department shall approve or deny the petition. The petition may be made by:

(1) A parent.

(2) A guardian.

(3) A court-appointed special advocate.

(4) An attorney representing the department or a county agency in the proceeding in which the child will testify.

(5) A court-appointed attorney representing the child in any other matter.

(6) Any other individual in loco parentis to the child.

(d) Definition.--For purposes of this section, the term "alternative method of testimony" shall mean a procedural accommodation that will aid a child in providing testimony in a proceeding before the department. The accommodation may include, but not be limited to:

(1) Allowing the child access to a person, animal or object to provide emotional support or mitigate emotional trauma to the child during the proceeding.

(2) A contemporaneous alternative method of testimony as defined in 42 Pa.C.S. § 5982 (relating to definitions).

(3) Other nontraditional methods of taking testimony as necessary to provide emotional support or mitigate emotional trauma to the child.