H.B.
328
CHILD PROTECTION AND PARENTAL RIGHTS AMENDMENTS
house floor
Amendments
Amendment 1 February 15, 2007 10:48 am
Representative Wayne A. Harper
proposes the following amendments:
1. Page
1, Lines 15 through 18
:
15
. provides that investigative interviews of a child in protective custody
, if the child is at least
nine years old,
may be
16
conducted without recording the interview
{
and without a support person present
}
, if
17
the child refuses to have the interview recorded
{
and refuses the presence of a
18
support person
}
;
. provides that investigative interviews of a child in protective custody may be conducted
without a support person present, if the child refuses the presence of a support person.
2. Page
6, Line 182 through Page 7, Line 185
:
182
(b) (i) Subject to Subsection (7)(b)(ii), an interview described in Subsection (7)(a) may
183
be conducted without being taped if the child:
(A) is at least nine years old;
184
{
(A)
}
(B)
refuses to have the interview audio taped; and
185
{
(B)
}
(C)
refuses to have the interview video taped.
3. Page
15, Line 459 through Page 16, Line 462
:
459
(4) (a) Subject to Subsection (4)(b), an interview described in this section may be
460
conducted without being taped if the child:
(i) is at least nine years old;
461
{
(i)
}
(ii)
refuses to have the interview audio taped; and
462
{
(ii)
}
(iii)
refuses to have the interview video taped.
4. Page
17, Lines 493 through 503
:
493
(4) (a) Except as provided in Subsection (4)(b), at any hearing in a case relating to the
494
abuse, neglect, or dependency of a child, when the child is present at the hearing, the court
495
shall:
496
(i) ask the child whether the child desires the opportunity to address the court or testify;
497
and
498
(ii) if the child desires an opportunity to address the court or testify, allow the child to
499
address the court or testify.
500
(b) Subsection (4)(a) does not apply if the court determines that:
501
(i) it would be detrimental to the child H.
{
or impractical
}
.H to comply with
501a
Subsection (4)(a); or
502
(ii) the child is not sufficiently mature to articulate the child's wishes in relation to the
503
hearing.
Page 1 of 2
hb0328.hfa.01.wpd
LRGC
TomVaughn
TomVaughn