R.I. R. Juv. P. 43

(a) Hearings. In matters not resulting

in the potential incarceration of a juvenile or adult, the judicial officer shall have

discretion to conduct a hearing in chambers with a child witness, rather than hear

testimony in open court, if the judicial officer determines that in camera testimony

is in the best interest of the child and necessary due to the child's psychological and

emotional needs.

(b) Competency. The judicial officer, when exercising discretion to conduct an

in camera interview, should consider the child's age and competency to testify. In

establishing competency, the court should consider the child's age, whether the child

is capable of understanding the oath, and the importance of telling the truth, as well

as the child's ability to communicate sufficiently with the judicial officer. The

judicial officer must make a determination and specify findings of competency in

each case.

(c) Record. All in camera interviews shall be on the record.

(d) Attendance. In proceedings under this section, the guardian ad litem, Court

Appointed Special Advocate, and any other person deemed appropriate may attend

the in camera testimony, at the discretion of the judicial officer.

(e) Self-represented Parties. The judicial officer shall consider whether the

parents are both represented by an attorney or whether the parents are self-represented. If one (1) or both parties are self-represented, in camera testimony

should not be conducted. When parties are represented, the role of the parents'

attorneys should be defined as part of the in camera process.

(f) Procedural Process. The procedural process shall be stated on the record

before an in camera interview is conducted. The record shall state whether the parties

have agreed or objected to the court conducting an in camera interview of the child

and whether the attorneys are permitted to submit questions to the court. The parties

shall put on the record an agreement to submit questions or not. If there is an

objection, the judicial officer shall determine whether an in camera interview is in

the best interest of the child and may overrule any stated objection. When conducting

an in camera interview, the judicial officer shall explain the purpose of the interview

to the child and make reasonable efforts to incorporate the attorneys' questions into

the judicial officer's inquiry of the child. The judicial officer shall state on the record

that the court is not bound by the child's stated preference.

(g) Questions. The court, in the court's sole discretion, shall determine what

questions shall be posed to the child.

(h) Transcripts and Court Recordings. Transcripts and court recordings of the

child's testimony may be made available, at a party's own expense, to attorneys

active in the case, under whatever confidential restrictions are deemed appropriate

by the judicial officer. Provided, however, if the party has been deemed indigent, the

transcript shall be provided upon request to the respondent's attorney free of charge.