A. This section shall apply only to a proceeding brought under the Oklahoma Children's Code in which a child at the time of the testimony is alleged or adjudicated to be deprived, and shall apply only to the testimony of that child or other child witness.
B. 1. When appropriate facilities are reasonably available, the court shall, on the motion of a party to the proceeding, order that the testimony of the child be taken in a room other than the courtroom and be televised by closed-circuit equipment in the courtroom for review by:
a. the court,
b. the finder of fact, and
c. the parties to the proceeding.
2. Only an attorney for each party, an attorney ad litem for the child, a guardian ad litem for the child or other person whose presence would contribute to the welfare and well-being of the child, and persons necessary to operate the equipment may be present in the room with the child during the testimony of the child.
3. Only the attorneys for the parties may question the child. The persons operating the equipment shall be confined to an adjacent room or behind a screen or mirror that permits them to see and hear the child during the testimony of the child, but does not permit the child to see or hear them.
C. 1. The court shall, on the motion of a party to the proceeding, order that the testimony of the child be taken outside the courtroom and be recorded for showing in the courtroom before:
a. the court,
b. the finder of fact, and
c. the parties to the proceeding.
2. Only those persons permitted to be present at the taking of testimony under subsection B of this section may be present during the taking of the child's testimony.
3. Only the attorneys for the parties may question the child, and the persons operating the equipment shall be confined from the child's sight and hearing. The court shall ensure that:
a. the recording is both visual and aural and is recorded on film or videotape or by other electronic means,
b. the recording equipment is capable of making an accurate recording, the operator of the equipment is competent, and the recording is accurate and has not been altered,
c. every voice on the recording is identified, and
d. each party to the proceeding is afforded an opportunity to view the recording before it is shown in the courtroom, and a copy of a written transcript transcribed by a licensed or certified court reporter is provided to the parties.
D. If the testimony of a child is taken as provided by subsection B or C of this section, the child shall not be compelled to testify in court during the proceeding.
E. If the testimony of a child is taken as provided in subsection B or C of this section, the attorney for any parent shall, on request, be permitted a recess of sufficient length to allow the attorney to consult with his or her client prior to conclusion of the testimony.
Credits
Laws 1984, c. 111, § 2, emerg. eff. April 9, 1984. Renumbered from Title 10, § 1148 and amended by Laws 1995, c. 352, §§ 25, 199, eff. July 1, 1995. Renumbered from Title 10, § 7004-4.3 and amended by Laws 2009, c. 233, §§ 29, 239, emerg. eff. May 21, 2009; Laws 2022, c. 104, § 2, eff. Nov. 1, 2022.
10A Okl. St. Ann. § 1-4-506, OK ST T. 10A § 1-4-506
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
