CHC 696     

  

Art. 696. Rights of parties

            A. All parties have the right to testify, the right to confront and cross-examine adverse witnesses, the right to present evidence and witnesses, and the right to counsel.

            B. A child twelve years of age or older shall be present in court unless the child's presence is waived by the court upon motion of the child's counsel. A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court. If a child is absent, the court shall make written findings of fact or include in the minutes whether the attorney for the child moved to waive the presence or whether presence was requested. If presence was not waived or the child is not present after a request, the custodian or the department shall provide reasons for the absence of the child, and the court shall determine on the record whether the hearing may proceed. A child may choose to testify as to his wishes, and the court shall consider the child's testimony in the matter. Any testimony given by a child may be taken by a videotaped interview or by closed-circuit television, as authorized by Chapter 8 of Title III of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.

            C. Any party who has received notice of the case review hearing and does not appear shall be deemed to have waived his right to be present.

            Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2012, No. 730, §1; Acts 2026, No. 139, §1.