Oklahoma § 12-2611.12 - Support person or therapeutic dog

§ 12-2611.12. Support person or therapeutic dog

A. It is the intent of the Oklahoma Legislature in enacting

this section to recognize the special circumstances and needs of a

child witness during criminal court proceedings, and to protect the

child witness from any unnecessary emotional discomfort or anguish.

B. In any criminal proceeding, a child witness shall have the

right to be accompanied by a support person while giving testimony

in the proceeding, but the support person shall not discuss the

testimony of the child witness with any other witnesses or attempt

to prompt or influence the testimony of the child witness.

Oklahoma Statutes - Title 12. Civil Procedure

C. The child witness shall be afforded the opportunity, if

available, to have a certified therapeutic dog accompanied by the

handler of the certified therapeutic dog in lieu of a support

person.

D. As used in this section:

1. "Certified therapeutic dog" means a dog which has received

the requisite training or certification from the American Kennel

Club, Alliance of Therapy Dogs, or an equivalent organization to

perform the duties associated with therapy dogs in places such as

hospitals, nursing homes, and other facilities where the emotional

benefits of therapy dogs are recognized. Prior to the use of a

certified therapeutic dog the court shall conduct a hearing to

verify:

a.

the credentials of the certified therapeutic dog,

b.

the certified therapeutic dog is appropriately

insured, and

c.

a relationship has been established between the child

witness and the certified therapeutic dog in

anticipation of testimony;

2. "Child witness" means a child as defined by Section 1-1-105

of Title 10A of the Oklahoma Statutes who has been or will be called

to testify in a criminal proceeding; and

3. "Support person" means a parent, other relative or a next

friend chosen by the witness to accompany the witness to criminal

proceedings.

Added by Laws 2014, c. 81, § 1, eff. Nov. 1, 2014. Amended by Laws

2022, c. 104, § 4, eff. Nov. 1, 2022.