California Family Code 7892 – (a) The testimony of the child may be taken in chambers and …
(a) The testimony of the child may be taken in chambers and outside the presence of the child’s parent or parents if the child’s parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist:
(1) The court determines that testimony in chambers is necessary to ensure truthful testimony.
Terms Used In California Family Code 7892
- Chambers: A judge's office.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) The child is likely to be intimidated by a formal courtroom setting.
(3) The child is afraid to testify in front of the child’s parent or parents.
(b) The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in subdivision (a).
(c) A finding pursuant to this section shall be supported by clear and convincing evidence.
(d) After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)