62A-4a-414 - Interviews of children -- Recording required -- Exceptions.
62A-4a-414. Interviews of children -- Recording required -- Exceptions.
(1) (a) Except as provided in Subsection (4), interviews of children during aninvestigation in accordance with Section 62A-4a-409, and involving allegations of sexual abuse,sexual exploitation, severe abuse, or severe neglect of a child, shall be conducted only under thefollowing conditions:
(i) the interview shall be recorded visually and aurally on film, videotape, or by otherelectronic means;
(ii) both the interviewer and the child shall be simultaneously recorded and visible on thefinal product;
(iii) the time and date of the interview shall be continuously and clearly visible to anysubsequent viewer of the recording; and
(iv) the recording equipment shall run continuously for the duration of the interview.
(b) This Subsection (1) does not apply to initial or minimal interviews conducted inaccordance with Subsection 62A-4a-409(8)(b) or (c).
(2) Interviews conducted in accordance with Subsection (1) shall be carried out in anexisting Children's Justice Center or in a soft interview room, when available.
(a) If the Children's Justice Center or a soft interview room is not available, theinterviewer shall use the best setting available under the circumstances.
(b) Except as provided in Subsection (4), if the equipment required under Subsection (1)is not available, the interview shall be audiotaped, provided that the interviewer shall clearly stateat the beginning of the tape:
(i) the time, date, and place of the interview;
(ii) the full name and age of the child being interviewed; and
(iii) that the equipment required under Subsection (1) is not available and why.
(3) Except as provided in Subsection (4), all other investigative interviews shall beaudiotaped using electronic means. At the beginning of the tape, the worker shall state clearlythe time, date, and place of the meeting, and the full name and age of the child in attendance.
(4) (a) Subject to Subsection (4)(b), an interview described in this section may beconducted without being taped if the child:
(i) is at least nine years old;
(ii) refuses to have the interview audio taped; and
(iii) refuses to have the interview video taped.
(b) If, pursuant to Subsection (4)(a), an interview is conducted without being taped, thechild's refusal shall be documented as follows:
(i) the interviewer shall attempt to get the child's refusal on tape, including the reasonsfor the refusal; or
(ii) if the child does not allow the refusal, or the reasons for the refusal, to be taped, theinterviewer shall:
(A) state on the tape that the child is present, but has refused to have the interview,refusal, or the reasons for the refusal taped; or
(B) if complying with Subsection (4)(b)(ii)(A) will result in the child, who wouldotherwise consent to be interviewed, to refuse to be interviewed, the interviewer shall document,in writing, that the child refused to allow the interview to be taped and the reasons for thatrefusal.
(c) The division shall track the number of interviews under this section that are not taped,
and the number of refusals that are not taped, for each interviewer, in order to determine whethera particular interviewer has a higher incidence of refusals, or taped refusals, than otherinterviewers.
Amended by Chapter 239, 2010 General Session