Chapter 4.35
FORENSIC INTERVIEWS AND RECORDINGS OF CHILDREN

OR VULNERABLE PERSONS

Sections:

4.35.010    Forensic interviews and recordings of children or vulnerable persons.

4.35.010 Forensic interviews and recordings of children or vulnerable persons.

(1) Any and all audio and/or video recordings of forensic interviews of a child or a vulnerable person disclosed in a criminal or civil matter shall be subject to a protective order of the Court for the purpose of protecting the person’s privacy, subject to subsection (6) of this section. In addition, any other sensitive recordings, reports, pictures, or documentation of the person shall on the Tribes’ motion or in the Court’s discretion be subject to a protective order. The person’s legal parent, guardian, or custodian, the person if represented by counsel, or the person if legally an adult, may also move the Court for such a protective order, which the Court may grant.

A recording of a forensic interview may be disclosed in a criminal case through an agreed order for defense counsel to view the recording at the prosecutor’s office, or providing a copy to defense counsel. A recording of a forensic interview may be disclosed in a civil case under very limited circumstances and only through an in-camera viewing upon the Court’s written approval.

(2) The protective order shall include the following:

(a) That the recording shall be used only for the purposes of conducting the party’s side of the case, unless otherwise agreed by the parties and approved by the Court in writing;

(b) That the recording shall not be copied, photographed, duplicated, or otherwise reproduced except in a criminal case, with Court written approval, as a written transcript that does not reveal the identity of the child;

(c) That the recording not be given, displayed, or in any way provided to a third party, except as necessary at a criminal hearing or criminal trial, or as permitted in subsection (2)(f) of this section in a criminal case, and approved by the Court in writing;

(d) That the recording remain in the exclusive custody of the defendant’s attorney(s) in a criminal case where a copy is provided;

(e) That, in a criminal case, when not in the defendant’s attorney(s)’ custody, the recording must be stored in a safe, secure location that is locked to prevent any access other than the attorney(s);

(f) That, in a criminal case, if necessary and approved by the Court in writing for each person given access, the defendant’s attorney(s)’ employees, or agents, including expert witnesses, may be given reasonable access by defendant’s attorney(s) to view the recording;

(g) That, in a criminal case, if the party is not represented by an attorney, the party, their employees, and agents, including expert witnesses, shall not be given a copy of the recording but may have standby counsel appointed to view the recording on their behalf, or be given reasonable, supervised access to view the recording by the custodian of the recording only if absolutely necessary and approved by the Court in writing; and

(h) That upon termination of representation or upon disposition of the matter at the trial court level, attorneys and other custodians of recordings promptly return all copies of the recording to the Tribes for destruction.

(3) In all civil proceedings, there is no right to view or receive a copy of a forensic interview recording. However, in the event that beda?chelh files a forensic interview recording with the Court, the opposing party’s attorney(s) may then request to view the recording. The recording must be filed under seal. The attorney(s) may view the recording in camera only if the Court makes findings in writing that such a viewing is necessary. The requirements of TTC 4.25.670 (Client records), Chapter 4.05 TTC, and any other rights and restrictions under the Tulalip Tribal Code, must be followed before the party’s attorney(s) may view the recording.

(4) Any and all audio and video recordings of forensic interviews of a child, or a vulnerable person as defined in TTC 2.05.130(36) (Child Hearsay in Criminal and Civil Proceedings), shall not be disclosed to the public, except by the Tribes as necessary in criminal matters upon a good cause showing to the Court and with notice to the parent, guardian, legal custodian, or counsel of the child or vulnerable person, or the child or vulnerable person if that person is now legally an adult.

(5) A willful or reckless violation of this section or a court order pursuant to this section may be subject to a civil penalty of up to $10,000, in addition to any other appropriate sanction by the Court.

(6) Nothing in this section shall restrict the ability of the Child Advocacy Center, Legacy of Healing, the Tulalip Police Department, beda?chelh, and/or the Office of Reservation Attorney to view or listen to child welfare information and forensic interviews as authorized or necessary under the Tulalip Tribal Code, nor require a protective order for the above-listed departments to view or listen to forensic interviews. The Tulalip Police Department and the Office of Reservation Attorney may share forensic interview recordings between each other without a protective order for necessary law enforcement purposes. Any interdepartmental copies of forensic interviews must be returned to these two departments for destruction when no longer needed. [Res. 2024-065].