Rule 43 - In Camera Testimony of a Child(a) Hearings. In matters not resulting in the potential incarceration of a juvenile or adult, the judicial officer shall have discretion to conduct a hearing in chambers with a child witness, rather than hear testimony in open court, if the judicial officer determines that in camera testimony is in the best interest of the child and necessary due to the child's psychological and emotional needs.(b) Competency. The judicial officer, when exercising discretion to conduct an in camera interview, should consider the child's age and competency to testify. In establishing competency, the court should consider the child's age, whether the child is capable of understanding the oath, and the importance of telling the truth, as well as the child's ability to communicate sufficiently with the judicial officer. The judicial officer must make a determination and specify findings of competency in each case.(c) Record. All in camera interviews shall be on the record.(d) Attendance. In proceedings under this section, the guardian ad litem, Court Appointed Special Advocate, and any other person deemed appropriate may attend the in camera testimony, at the discretion of the judicial officer.(e) Self-represented Parties. The judicial officer shall consider whether the parents are both represented by an attorney or whether the parents are self-represented. If one (1) or both parties are self-represented, in camera testimony should not be conducted. When parties are represented, the role of the parents' attorneys should be defined as part of the in camera process.(f) Procedural Process. The procedural process shall be stated on the record before an in camera interview is conducted. The record shall state whether the parties have agreed or objected to the court conducting an in camera interview of the child and whether the attorneys are permitted to submit questions to the court. The parties shall put on the record an agreement to submit questions or not. If there is an objection, the judicial officer shall determine whether an in camera interview is in the best interest of the child and may overrule any stated objection. When conducting an in camera interview, the judicial officer shall explain the purpose of the interview to the child and make reasonable efforts to incorporate the attorneys' questions into the judicial officer's inquiry of the child. The judicial officer shall state on the record that the court is not bound by the child's stated preference. (g) Questions. The court, in the court's sole discretion, shall determine what questions shall be posed to the child.(h) Transcripts and Court Recordings. Transcripts and court recordings of the child's testimony may be made available, at a party's own expense, to attorneys active in the case, under whatever confidential restrictions are deemed appropriate by the judicial officer. Provided, however, if the party has been deemed indigent, the transcript shall be provided upon request to the respondent's attorney free of charge.Adopted March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.