California Education Code 44992 – (a) With a witness under 18 years of age, or a dependent person …
(a) With a witness under 18 years of age, or a dependent person with a substantial cognitive impairment, the judge shall take special care to protect the witness from undue harassment or embarrassment, and to restrict the unnecessary repetition of questions. The judge shall also take special care to ensure that questions are stated in a form that is appropriate to the age, maturity, or cognitive level of the witness. The judge may, in the interests of justice, on objection by a party, forbid the asking of a question that is in a form that is not reasonably likely to be understood by a person of the age, maturity, or cognitive level of the witness.
(b) When a minor testifies, the judge may order the exclusion from the hearing room of all persons, including members of the press, who do not have a direct interest in the case. This order may be made if the judge determines, on the record, that requiring the minor to testify in the open hearing room would cause substantial psychological harm to the minor or would result in the minor’s inability to effectively communicate. Such an order shall be narrowly tailored to serve the specific compelling interest of the school district.
Terms Used In California Education Code 44992
- Dependent: A person dependent for support upon another.
- Judge: means the administrative law judge presiding over the dismissal or suspension hearing. See California Education Code 44990
- Minor: means any person under 18 years of age. See California Education Code 44990
- Testify: Answer questions in court.
(Added by Stats. 2018, Ch. 996, Sec. 1. (AB 2234) Effective January 1, 2019.)