1. (a) Upon motion of the prosecuting attorney, the child, or the child's guardian ad litem, counsel, parent, guardian, or custodian, the court may issue an order closing a proceeding during the testimony of a child witness or child victim if the court finds that:

   1. (1) an allegation or a defense involves matters of a sexual nature; and
   2. (2) closing the proceeding is necessary to protect the welfare of a child witness or child victim.

2. (b) Upon motion of the prosecuting attorney, the child, or the child's guardian ad litem, counsel, parent, guardian, or custodian, the court may issue an order closing a proceeding during the testimony of a health care provider if the court finds that:

   1. (1) the testimony involves matters that would be protected under 45 CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act of 1996 (HIPAA)); or
   2. (2) the testimony involves matters that would be a privileged communication between a health care provider and the health care provider's patient.

3. (c) Upon motion of the prosecuting attorney, the child, or the child's guardian ad litem, counsel, parent, guardian, or custodian, the court may issue an order closing a proceeding during the testimony of:

   1. (1) a:

      1. (A) certified social worker;
      2. (B) certified clinical social worker; or

      3. (C) certified marriage and family therapist;

         regarding a client;

   2. (2) a school counselor regarding a student; or

   3. (3) a school psychologist regarding a student.

      [Pre-1997 Recodification Citation: 31-6-7-10(d).]

As added by P.L.1-1997, SEC.15. Amended by P.L.170-2009, SEC.11.