Sec. 07.02.26.12. Conduct of Hearing  


Latest version.
  • A. A party may not call a child younger than 14 years old to testify or otherwise participate in a hearing under this chapter unless the party seeking to introduce the child’s testimony or involve the child demonstrates that:

    (1) The child's testimony or involvement is essential to a determination of the appeal; and

    (2) There is no likelihood that the requested testimony or involvement will emotionally harm the child.

    B. The local department bears the burden of proof at the hearing.

    C. The local department's record shall be presumed authentic.

    D. Representation.

    (1) The local department's case may be presented by a local department representative or an attorney representing the local department.

    (2) An appellant’s case may be presented by the appellant or an attorney representing the appellant.