(a)

1. (1) In all maltreatment appeal hearings, the testimony of alleged victims and all child witnesses under the age of eighteen (18) shall be taken outside the presence of the petitioner.

2. (2) Testimony from child witnesses and alleged victims shall be taken in one (1) of the following manners:

   1. (A) The victim or child may be physically present in the hearing room while the petitioner listens in from another location by phone;
   2. (B) The victim or child may testify by phone or live camera (FaceTime, audiovisual, etc.) from another location but the child or victim shall not face or hear from the petitioner;
   3. (C) The victim or child may testify by other reasonable accommodations agreed upon by both parties as long as the petitioner is not in the same room with the child or the victim and the child or victim cannot see or hear the petitioner; or
   4. (D)

(i) Previously recorded video or audio interviews, also known as safety assessments, with a victim may be introduced as evidence and shall be given the same weight as if the victim testified in person.

1. (ii) The entire interview is subject to scrutiny at the hearing.

(b)

1. (1) If the hearing is taking place in a county office and a child is scheduled to testify at a hearing, the hearing official shall notify the Division of Children and Family Services County Supervisor in that county office to direct that appropriate arrangements are made.

2. (2) At the time and date of the hearing, Department of Human Services shall provide:

   1. (A) A separate space for children; and

   2. (B) A room with a telephone by which the petitioner can listen to the child’s testimony when the child is called into the hearing room to testify.

      1. (c)
3. (1) Child witnesses or victims shall not be questioned by the petitioner.
4. (2) If the petitioner does not have a representative to ask the victim or child witness questions, the petitioner shall write them down for the hearing official to ask.

5. (3)

   1. (A) The agency is not required to call any child maltreatment victims to testify in appeal hearings if doing so would unnecessarily traumatize the child.
   2. (B) See Ark. Dep’t of Human Servs. v. A.B., 374 Ark. 193, 286 S.W. 3d 712 (2008).
6. (4) Upon the request of the agency or the child’s parent or guardian, the hearing official may designate a comfort person to remain with the child before, during, and after testifying.