Indiana Code 31-32-6-4. Closing of proceeding to protect child witness or child victim; motion
(1) an allegation or a defense involves matters of a sexual nature; and
Terms Used In Indiana Code 31-32-6-4
- Allegation: something that someone says happened.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- 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.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) Upon motion of the prosecuting attorney, the child, or the child’s guardian ad litem, counsel, parent, guardian, or custodian, the court may issue an order closing a proceeding during the testimony of a health care provider if the court finds that:
(1) the testimony involves matters that would be protected under 45 CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act of 1996 (HIPAA)); or
(2) the testimony involves matters that would be a privileged communication between a health care provider and the health care provider’s patient.
(c) Upon motion of the prosecuting attorney, the child, or the child’s guardian ad litem, counsel, parent, guardian, or custodian, the court may issue an order closing a proceeding during the testimony of:
(1) a:
(A) certified social worker;
(B) certified clinical social worker; or
(C) certified marriage and family therapist;
regarding a client;
(2) a school counselor regarding a student; or
(3) a school psychologist regarding a student.
[Pre-1997 Recodification Citation: 31-6-7-10(d).]
As added by P.L.1-1997, SEC.15. Amended by P.L.170-2009, SEC.11.