Rule 37A. Visual recordingof statement or testimony of child in abuse, neglect and dependency proceedings- Conditions of admissibility.
(a) In any abuse, neglect, dependency,and substantiation proceedings, the oral statement of a child may be recorded, andupon motion and for good cause shown is admissible as evidence in any courtproceeding regarding the petition if all of the following conditions are met:
(a)(1) no attorney for anyparty is in the child's presence when the statement is recorded;
(a)(2) the recording is visualand aural and is recorded on film or videotape or by other electronic means;
(a)(3) the recording equipmentis capable of making an accurate recording, the operator of the equipment iscompetent, and the recording is accurate and has not been altered;
(a)(4) each voice in therecording is identified;
(a)(5) the person conductingthe interview of the child in the recording is present at the proceeding and isavailable to testify and be cross-examined by either party;
(a)(6) the parties and theparties' attorneys are provided an opportunity to view the recording before itis shown to the court;
(a)(7) the court views therecording and determines that it is sufficiently reliable and trustworthy andthat the interest of justice will best be served by admission of the statementinto evidence; and
(a)(8) the child is availableto testify and to be cross-examined at trial, either in person or as providedby Subsection (b) or (c), or the court determines that the child is unavailableas a witness to testify at trial under the Utah Rules of Evidence. For purposesof this subsection "unavailable" includes a determination, based onmedical or psychological evidence or expert testimony, that the child wouldsuffer serious emotional or mental strain if required to testify at trial.
(b) In any abuse, neglect anddependency proceedings, the court may order that the testimony of any child maybe taken in a room other than the courtroom. All of the following conditionsshall be observed:
(b)(1) Only the judge,attorneys for each party, persons necessary to operate equipment, and acounselor or therapist whose presence contributes to the welfare and emotionalwell-being of the child may be with the child during the testimony. The partiesmay also be present during the child's testimony unless a party consents to behidden from the child's view, or the court determines that the child willsuffer serious emotional or mental strain if required to testify in the party'spresence, or that the child's testimony will be unreliable if required totestify in the party's presence. If the court makes that determination, or ifthe party consents:
(b)(1)(A) the party may not bepresent during the child's testimony;
(b)(1)(B) the court shallensure that the child cannot hear or see the party;
(b)(1)(C) the court shalladvise the child prior to testifying that the party is present at the trial andmay listen to the child's testimony;
(b)(1)(D) the party shall bepermitted to observe and hear the child's testimony, and the court shall ensurethat the party has a means of two-way telephonic communication with counselduring the child's testimony;
(b)(1)(E) normal courtprocedures shall be approximated as nearly as possible;
(b)(2) Only the judge andattorneys may question the child unless otherwise approved by the judge;
(b)(3) As much as possible,persons operating equipment shall be confined to an adjacent room or behind ascreen or mirror so the child cannot see or hear them.
(c) In any abuse, neglect anddependency proceedings, the court may order that the testimony of any child betaken outside the courtroom and be recorded. That testimony is admissible asevidence, for viewing in any court proceeding regarding the allegations if theprovisions of Subsection (b) are observed, in addition to the followingprovisions:
(c)(1) the recording is bothvisual and aural and recorded on film or videotape or by other electronicmeans;
(c)(2) the recording equipmentis capable of making an accurate recording, the operator is competent, and therecording is accurate and is not altered;
(c)(3) each voice on therecording is identified; and
(c)(4) each party is given anopportunity to view the recording before it is shown in the courtroom.
(d) If the court orders that thetestimony of a child be taken under Subsection (b) or (c), the child may not berequired to testify in court at any proceeding where the recorded testimony isused.