Sec. 5. The court shall consider the following guidelines in appointing a person to represent an incompetent or deceased victim:

(1) Any conflict occasioned by the allegation of criminal conduct that substantially or adversely affected the person.

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Terms Used In Indiana Code 35-40-13-5

  • Allegation: something that someone says happened.
(2) The person’s willingness and ability to do all of the following:

(A) Work with and accompany the victim through all proceedings, including criminal, civil, and dependency proceedings.

(B) Communicate with the victim.

(C) Express the concerns of the victim to those authorized to come in contact with the victim as a result of the proceedings.

(3) The person’s training, if any, to serve as a representative of the incompetent victim.

(4) The likelihood of the person being called as a witness in the criminal case involving the incompetent victim.

As added by P.L.139-1999, SEC.1.