N.Y. Executive Law § 642-a: Fair treatment of child victims as witnesses

§ 642-a. Fair treatment of child victims as witnesses. To the extent

permitted by law, criminal justice agencies, crime victim-related

agencies, social services agencies and the courts shall comply with the

following guidelines in their treatment of child victims:

1. To minimize the number of times a child victim is called upon to

recite the events of the case and to foster a feeling of trust and

confidence in the child victim, whenever practicable and where one

exists, a multi-disciplinary team as established pursuant to subdivision

six of section four hundred twenty-three of the social services law

and/or a child advocacy center shall be used for the investigation and

prosecution of child abuse cases involving abuse of a child, as

described in paragraph (i), (ii) or (iii) of subdivision (e) of section

one thousand twelve of the family court act, sexual abuse of a child or

the death of a child.

2. Whenever practicable, the same prosecutor should handle all aspects

of a case involving an alleged child victim.

3. To minimize the time during which a child victim must endure the

stress of his involvement in the proceedings, the court should take

appropriate action to ensure a speedy trial in all proceedings involving

an alleged child victim. In ruling on any motion or request for a delay

or continuance of a proceeding involving an alleged child victim, the

court should consider and give weight to any potential adverse impact

the delay or continuance may have on the well-being of the child.

4. The judge presiding should be sensitive to the psychological and

emotional stress a child witness may undergo when testifying.

5. In accordance with the provisions of article sixty-five of the

criminal procedure law, when appropriate, a child witness as defined in

subdivision one of section 65.00 of such law should be permitted to

testify via live, two-way closed-circuit television.

6. In accordance with the provisions of section 190.32 of the criminal

procedure law, a person supportive of the "child witness" or "special

witness" as defined in such section should be permitted to be present

and accessible to a child witness at all times during his testimony,

although the person supportive of the child witness should not be

permitted to influence the child's testimony.

7. A child witness should be permitted in the discretion of the court

to use anatomically correct dolls and drawings during his testimony.