Ohio § 2945.483

§ 2945.483.

(A) As used in this section: (1) “ Child ” means any individual under eighteen years of age. (2) “Developmental disability” has the same meaning as in section 5123.01 of the Revised Code . (B) In any proceeding in which a child or person with a developmental disability testifies

in open court, the child or person with a developmental disability shall have the

following rights to be enforced sua sponte by the court or upon motion or notice of

any attorney involved in the proceeding: (1) To be asked questions in a manner the child or person with a developmental disability

can reasonably understand, including, but not limited to, a child-friendly oath; (2) To be free of harassment or intimidation tactics in the proceeding; (3)(a) To have an advocate or victim's representative of the child's or person with a developmental

disability's choosing present in the courtroom and in a position clearly visible in

close proximity to the child or person with a developmental disability, subject to

division (B)(3)(b) of this section; (b) That if the prosecutor in the case or the court has a reasonable basis to believe

that the victim's representative is not acting in the interests of the victim who

is a child or a person with a developmental disability, the prosecutor shall file

a motion setting forth the reasonable basis for this belief and the court shall hold

a hearing to determine whether the victim's representative is acting in the interests

of the victim.  The court shall make this determination by a preponderance of the evidence.  If the court finds that the victim's representative is not acting in the interests

of the victim, the court shall appoint a court-appointed special advocate, guardian

ad litem, or a victim advocate to act as the victim's representative in lieu of the

previously appointed victim's representative. (4) To have the courtroom or hearing room adjusted to ensure the comfort and protection

of the child or person with a developmental disability; (5) To have flexibility in the formalities of the proceedings in an effort to ensure

the comfort of the child or person with a developmental disability; (6) To permit a comfort item to be present inside the courtroom or hearing room and to

accompany the child or person with a developmental disability throughout the hearing; (7) To permit the use of a properly constructed screen that would allow the judge and

jury in the courtroom or hearing room to see the child or person with a developmental

disability but would obscure the child's or person with a developmental disability's

view of the defendant or alleged juvenile offender or the public or both; (8) To have a secure and comfortable waiting area provided for the child or person with

a developmental disability during the court proceedings and to have a support person

of the child's or person with a developmental disability's choosing stay with the

child or person with a developmental disability while waiting, subject to division

(B)(3)(b) of this section; (9) To have an advocate or victim's representative inform the court about the child's

or person with a developmental disability's ability to understand the nature of the

proceedings, special accommodations that may be needed for the child's or person with

a developmental disability's testimony, and any other information relevant to any

of the rights set forth in this section. (C) In circumstances where the accused in a proceeding has chosen to proceed without

counsel, the court may appoint standby counsel for that party and may order standby

counsel to question a child or person with a developmental disability on behalf of

the pro se party if the court finds that there is a substantial likelihood that serious

emotional trauma would come to the child or person with a developmental disability

if the pro se party were allowed to question the child or person with a developmental

disability directly. (D)(1) If the child or person with a developmental disability is the victim of a criminal

offense or delinquent act, the court shall ensure that all steps necessary to secure

the physical safety of the child or person with a developmental disability, both in

the courtroom and during periods of time that the child or person with a developmental

disability may spend waiting for court, have been taken. (2) The court and all attorneys involved in a court proceeding involving a child or person

with a developmental disability shall not disclose to any third party any discovery,

including, but not limited to, the child's or person with a developmental disability's

name, address, and date of birth, any and all interviews of the child or person with

a developmental disability, and any other identifying information of the child or

person with a developmental disability in a manner consistent with section 2930.07 of the Revised Code .  The court shall enforce any violations of this section through the court's contempt

powers. (E) In any post-conviction proceeding or in regards to post-conviction relief, if the

prosecutor in the case or the court has a reasonable basis to believe that the victim's

representative is not acting in the interests of the victim who is a child or a person

with a developmental disability, the prosecutor shall file a motion setting forth

the reasonable basis for this belief and the court shall hold a hearing to determine

whether the victim's representative is acting in the interests of the victim.  The court shall make this determination by a preponderance of the evidence.  If the court finds that the victim's representative is not acting in the interests

of the victim, the court shall appoint a court-appointed special advocate, guardian

ad litem, or a victim advocate to act as the victim's representative in lieu of the

previously appointed victim's representative.