26A.140 Accommodation of special needs of children.

212 words·~1 min read·/ky/chapter-26a/26a-140

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Courts shall implement measures to accommodate the special needs of children

which are not unduly burdensome to the rights of the defendant, including but not

limited to:

(a)1. Trained guardians ad litem or special advocates, if available, shall be

appointed for all child victims and shall serve in Circuit and District

Courts to offer consistency and support to the child and to represent the

child's interests where needed.

2. The guardians ad litem shall be paid a fee fixed by the court, which shall

be paid by the Finance and Administration Cabinet;

(b)During trials involving child victims or child witnesses, the environment of

the courtroom shall be modified to accommodate children through the use of

small chairs, frequent breaks, and the use of age appropriate language;

(c)Children expected to testify shall be prepared for the courtroom experience by

the Commonwealth's or county attorney handling the case with the assistance

of the guardian ad litem or special advocate; and

(d)In appropriate cases, procedures shall be used to shield children from visual

contact with alleged perpetrator.

(2)The Supreme Court is encouraged to issue rules for the conduct of criminal and

civil trials involving child abuse in which a child victim or child witness may testify

at the trial.