Judge Robert Hettleman

ACS filed this petition alleging David T. sexually abused his now 21-year old daughter, Monica. when she was under 18 years old. While Monica was not a subject child in the petition, ACS alleged the sexual abuse amounted to derivative abuse of the 12 year old child, R.T. The court noted Monica was prepared to testify in her father's absence, but was uncomfortable by his appearance in court, and did not wish to testify. Monica's attorney moved seeking testimony via closed-circuit television (CCTV) outside David's presence. ACS, attorney for RT and mother's attorney all supported the application for CCTV, while David opposed. The court noted while there was no statutory provision for CCTV in the Family Court Act, decisions from trial and appellate courts routinely permitted some infringement on a respondent's right to be present in the courtroom. It stated under the circumstances of this case it was reasonable to infer David's presence was a significant factor accounting for the change in Monica's position. Also, an affidavit from Dr. Sydor indicating Monica was likely to suffer significant emotional trauma if forced to testify in the same room as her father, and was sufficient evidence to warrant testimony by CCTV. Thus, the motion was granted.

Judge Robert Hettleman