{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1521.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1521.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1521.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1521.html"}],"law_id":81084,"edition_id":1,"section_id":81084,"structure_id":15044,"section_number":"63.2-1521","catch_line":"Testimony by child using two-way closed-circuit television","history":"1988, c. 845, \u00a7 63.1-248.13:1; 1999, c. 668; 2002, c. 747; 2018, c. 564.","full_text":"A\n\nIn any civil proceeding involving alleged abuse or neglect of a child pursuant to this chapter or pursuant to § 16.1-241, 16.1-251, 16.1-252, 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.14, 16.1-279.1, 16.1-283, or 20-107.2, the child’s attorney or guardian ad litem or, if the child has been committed to the custody of a local department, the attorney for the local department may apply for an order from the court that the testimony of the alleged victim or of a child witness be taken in a room outside the courtroom and be televised by two-way closed-circuit television. The person seeking such order shall apply for the order at least seven days before the trial date.B\n\nThe provisions of this section shall apply to the following:1\n\nAn alleged victim who was 14 years of age or under on the date of the alleged offense and is 16 or under at the time of the trial; and2\n\nAny child witness who is 14 years of age or under at the time of the trial.C\n\nThe court may order that the testimony of the child be taken by closed-circuit television as provided in subsections A and B if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public, for any of the following reasons:1\n\nThe child’s persistent refusal to testify despite judicial requests to do so;2\n\nThe child’s substantial inability to communicate about the offense; or3\n\nThe substantial likelihood, based upon expert opinion testimony, that the child will suffer severe emotional trauma from so testifying.\n\t\t\t\tAny ruling on the child’s unavailability under this subsection shall be supported by the court with findings on the record or with written findings in a court not of record.D\n\nIn any proceeding in which closed-circuit television is used to receive testimony, the attorney for the child and the defendant’s attorney and, if the child has been committed to the custody of a local board, the attorney for the local board shall be present in the room with the child, and the child shall be subject to direct and cross examination. The only other persons allowed to be present in the room with the child during his testimony shall be the guardian ad litem, those persons necessary to operate the closed-circuit equipment, and any other person whose presence is determined by the court to be necessary to the welfare and well-being of the child.E\n\nThe child’s testimony shall be transmitted by closed-circuit television into the courtroom for the defendant, jury, judge and public to view. The defendant shall be provided with a means of private, contemporaneous communication with his attorney during the testimony.","order_by":null,"text":{"0":{"id":290599,"text":"In any civil proceeding involving alleged abuse or neglect of a child pursuant to this chapter or pursuant to § 16.1-241, 16.1-251, 16.1-252, 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.14, 16.1-279.1, 16.1-283, or 20-107.2, the child’s attorney or guardian ad litem or, if the child has been committed to the custody of a local department, the attorney for the local department may apply for an order from the court that the testimony of the alleged victim or of a child witness be taken in a room outside the courtroom and be televised by two-way closed-circuit television. The person seeking such order shall apply for the order at least seven days before the trial date.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":290600,"text":"The provisions of this section shall apply to the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":290601,"text":"An alleged victim who was 14 years of age or under on the date of the alleged offense and is 16 or under at the time of the trial; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":290602,"text":"Any child witness who is 14 years of age or under at the time of the trial.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":290603,"text":"The court may order that the testimony of the child be taken by closed-circuit television as provided in subsections A and B if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public, for any of the following reasons:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C1"},"5":{"id":290604,"text":"The child’s persistent refusal to testify despite judicial requests to do so;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":290605,"text":"The child’s substantial inability to communicate about the offense; or","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"7":{"id":290606,"text":"The substantial likelihood, based upon expert opinion testimony, that the child will suffer severe emotional trauma from so testifying.\n\t\t\t\tAny ruling on the child’s unavailability under this subsection shall be supported by the court with findings on the record or with written findings in a court not of record.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"8":{"id":290607,"text":"In any proceeding in which closed-circuit television is used to receive testimony, the attorney for the child and the defendant’s attorney and, if the child has been committed to the custody of a local board, the attorney for the local board shall be present in the room with the child, and the child shall be subject to direct and cross examination. The only other persons allowed to be present in the room with the child during his testimony shall be the guardian ad litem, those persons necessary to operate the closed-circuit equipment, and any other person whose presence is determined by the court to be necessary to the welfare and well-being of the child.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"9":{"id":290608,"text":"The child’s testimony shall be transmitted by closed-circuit television into the courtroom for the defendant, jury, judge and public to view. The defendant shall be provided with a means of private, contemporaneous communication with his attorney during the testimony.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15044,"edition_id":1,"name":"Procedures","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":13898,"metadata":{},"date_created":"2026-06-26 03:51:44","date_modified":"2026-06-26 03:51:44","permalink":{"id":271785,"object_type":"structure","relational_id":15044,"identifier":"4","token":"63.2\/III\/15\/4","url":"\/63.2\/III\/15\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13898,"edition_id":1,"name":"Child Abuse and Neglect","identifier":"15","label":"chapter","depth":3,"order_by":1,"parent_id":13897,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271709,"object_type":"structure","relational_id":13898,"identifier":"15","token":"63.2\/III\/15","url":"\/63.2\/III\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13897,"edition_id":1,"name":"Social Services Programs","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271331,"object_type":"structure","relational_id":13897,"identifier":"III","token":"63.2\/III","url":"\/63.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57461,"structure_id":15044,"section_number":"63.2-1516","catch_line":"Tape recording child abuse investigations","url":"\/63.2-1516\/","token":"63.2\/III\/15\/4\/63.2-1516","metadata":false},{"id":81554,"structure_id":15044,"section_number":"63.2-1516.01","catch_line":"Investigation procedures involving person who is the subject of complaint","url":"\/63.2-1516.01\/","token":"63.2\/III\/15\/4\/63.2-1516.01","metadata":false},{"id":57358,"structure_id":15044,"section_number":"63.2-1516.1","catch_line":"Investigation procedures when school employee is subject of the complaint or report; release of information in joint investigations","url":"\/63.2-1516.1\/","token":"63.2\/III\/15\/4\/63.2-1516.1","metadata":false},{"id":61486,"structure_id":15044,"section_number":"63.2-1517","catch_line":"Authority to take child into custody","url":"\/63.2-1517\/","token":"63.2\/III\/15\/4\/63.2-1517","metadata":false},{"id":83353,"structure_id":15044,"section_number":"63.2-1518","catch_line":"Authority to talk to child or sibling","url":"\/63.2-1518\/","token":"63.2\/III\/15\/4\/63.2-1518","metadata":false},{"id":62663,"structure_id":15044,"section_number":"63.2-1519","catch_line":"Physician-patient and spousal privileges inapplicable","url":"\/63.2-1519\/","token":"63.2\/III\/15\/4\/63.2-1519","metadata":false},{"id":78492,"structure_id":15044,"section_number":"63.2-1520","catch_line":"Photographs and X-rays of child; use as evidence","url":"\/63.2-1520\/","token":"63.2\/III\/15\/4\/63.2-1520","metadata":false},{"id":81084,"structure_id":15044,"section_number":"63.2-1521","catch_line":"Testimony by child using two-way closed-circuit television","url":"\/63.2-1521\/","token":"63.2\/III\/15\/4\/63.2-1521","metadata":false},{"id":66316,"structure_id":15044,"section_number":"63.2-1522","catch_line":"Admission of evidence of sexual acts with children","url":"\/63.2-1522\/","token":"63.2\/III\/15\/4\/63.2-1522","metadata":false},{"id":58382,"structure_id":15044,"section_number":"63.2-1523","catch_line":"Use of videotaped statements of complaining witnesses as evidence","url":"\/63.2-1523\/","token":"63.2\/III\/15\/4\/63.2-1523","metadata":false},{"id":73120,"structure_id":15044,"section_number":"63.2-1524","catch_line":"Court may order certain examinations","url":"\/63.2-1524\/","token":"63.2\/III\/15\/4\/63.2-1524","metadata":false},{"id":83345,"structure_id":15044,"section_number":"63.2-1525","catch_line":"Prima facie evidence for removal of child custody","url":"\/63.2-1525\/","token":"63.2\/III\/15\/4\/63.2-1525","metadata":false},{"id":79084,"structure_id":15044,"section_number":"63.2-1526","catch_line":"Appeals of certain actions of local departments","url":"\/63.2-1526\/","token":"63.2\/III\/15\/4\/63.2-1526","metadata":false}],"previous_section":{"id":78492,"structure_id":15044,"section_number":"63.2-1520","catch_line":"Photographs and X-rays of child; use as evidence","url":"\/63.2-1520\/","token":"63.2\/III\/15\/4\/63.2-1520","metadata":false},"next_section":{"id":66316,"structure_id":15044,"section_number":"63.2-1522","catch_line":"Admission of evidence of sexual acts with children","url":"\/63.2-1522\/","token":"63.2\/III\/15\/4\/63.2-1522","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1521\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 845 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1999, chapter 668<\/a>; in 2002, chapter 747<\/a>; in 2018, chapter 564<\/a>.<\/p>","references":[{"id":70845,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","order_by":null,"url":"\/16.1-252\/"}],"refers_to":[{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":55186,"section_number":"16.1-251","catch_line":"Emergency removal order","order_by":null,"url":"\/16.1-251\/"},{"id":70845,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","order_by":null,"url":"\/16.1-252\/"},{"id":62537,"section_number":"16.1-253","catch_line":"Preliminary protective order","order_by":null,"url":"\/16.1-253\/"},{"id":61705,"section_number":"16.1-253.1","catch_line":"Preliminary protective orders in cases of family abuse; confidentiality","order_by":null,"url":"\/16.1-253.1\/"},{"id":60177,"section_number":"16.1-253.4","catch_line":"Emergency protective orders authorized in certain cases; penalty","order_by":null,"url":"\/16.1-253.4\/"},{"id":75260,"section_number":"16.1-278.14","catch_line":"Criminal jurisdiction; protective orders; family offenses","order_by":null,"url":"\/16.1-278.14\/"},{"id":62456,"section_number":"16.1-279.1","catch_line":"Protective order in cases of family abuse","order_by":null,"url":"\/16.1-279.1\/"},{"id":75076,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","order_by":null,"url":"\/16.1-283\/"},{"id":59975,"section_number":"20-107.2","catch_line":"Court may decree as to custody and support of children","order_by":null,"url":"\/20-107.2\/"}],"permalink":{"id":271815,"object_type":"law","relational_id":81084,"identifier":"63.2-1521","token":"63.2\/III\/15\/4\/63.2-1521","url":"\/63.2-1521\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1521\/","token":"63.2\/III\/15\/4\/63.2-1521","dublin_core":{"Title":"Testimony by child using two-way closed-circuit television","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1521","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any civil proceeding involving alleged abuse or neglect of a child<\/span> pursuant to this chapter or pursuant to § 16.1-241<\/a>, 16.1-251<\/a>, 16.1-252<\/a>, 16.1-253<\/a>, 16.1-253.1<\/a>, 16.1-253.4<\/a>, 16.1-278.14<\/a>, 16.1-279.1<\/a>, 16.1-283<\/a>, or 20-107.2<\/a>, the child<\/span>’s attorney or guardian ad litem<\/span> or, if the child<\/span> has been committed to the custody<\/span> of a local department<\/span>, the attorney for the local department<\/span> may apply for an order<\/span> from the court<\/span> that the testimony<\/span> of the alleged victim or of a child<\/span> witness<\/span> be taken in a room outside the courtroom and be televised by two-way closed-circuit<\/span> television. The person seeking such order<\/span> shall apply for the order<\/span> at least seven days before the trial<\/span> date. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of this section shall apply to the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An alleged victim who was 14 years of age or under on the date of the alleged offense<\/span> and is 16 or under at the time of the trial<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any child<\/span> witness<\/span> who is 14 years of age or under at the time of the trial<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court<\/span> may order<\/span> that the testimony<\/span> of the child<\/span> be taken by closed-circuit<\/span> television as provided in subsections A and B if it finds that the child<\/span> is unavailable to testify in open court<\/span> in the presence of the defendant<\/span>, the jury<\/span>, the judge<\/span>, and the public, for any of the following reasons: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The child<\/span>’s persistent refusal to testify despite judicial requests to do so; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The child<\/span>’s substantial inability to communicate about the offense<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The substantial likelihood, based upon expert opinion<\/span> testimony<\/span>, that the child<\/span> will suffer severe emotional trauma from so testifying.\n\t\t\t\tAny ruling on the child<\/span>’s unavailability under this subsection shall be supported by the court<\/span> with findings<\/span> on the record or with written findings<\/span> in a court<\/span> not of record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In any proceeding in which closed-circuit<\/span> television is used to receive testimony<\/span>, the attorney for the child<\/span> and the defendant<\/span>’s attorney and, if the child<\/span> has been committed to the custody<\/span> of a local board<\/span>, the attorney for the local board<\/span> shall be present in the room with the child<\/span>, and the child<\/span> shall be subject to direct and cross examination<\/span>. The only other persons allowed to be present in the room with the child<\/span> during his testimony<\/span> shall be the guardian ad litem<\/span>, those persons necessary to operate the closed-circuit<\/span> equipment, and any other person whose presence is determined by the court<\/span> to be necessary to the welfare and well-being of the child<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The child<\/span>’s testimony<\/span> shall be transmitted by closed-circuit<\/span> television into the courtroom for the defendant<\/span>, jury<\/span>, judge<\/span> and public to view. The defendant<\/span> shall be provided with a means of private, contemporaneous communication with his attorney during the testimony<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTESTIMONY BY CHILD USING TWO-WAY CLOSED-CIRCUIT TELEVISION (\u00a7 63.2-1521)\n\nA. In any civil proceeding involving alleged abuse or neglect of a child\npursuant to this chapter or pursuant to § 16.1-241, 16.1-251, 16.1-252,\n16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.14, 16.1-279.1, 16.1-283, or\n20-107.2, the child’s attorney or guardian ad litem or, if the child has\nbeen committed to the custody of a local department, the attorney for the local\ndepartment may apply for an order from the court that the testimony of the\nalleged victim or of a child witness be taken in a room outside the courtroom\nand be televised by two-way closed-circuit television. The person seeking such\norder shall apply for the order at least seven days before the trial date.\n\nB. The provisions of this section shall apply to the following:\n\n 1. An alleged victim who was 14 years of age or under on the date of the\n alleged offense and is 16 or under at the time of the trial; and\n\n 2. Any child witness who is 14 years of age or under at the time of the trial.\n\nC. The court may order that the testimony of the child be taken by\nclosed-circuit television as provided in subsections A and B if it finds that\nthe child is unavailable to testify in open court in the presence of the\ndefendant, the jury, the judge, and the public, for any of the following\nreasons:\n\n 1. The child’s persistent refusal to testify despite judicial requests\n to do so;\n\n 2. The child’s substantial inability to communicate about the offense;\n or\n\n 3. The substantial likelihood, based upon expert opinion testimony, that the\n child will suffer severe emotional trauma from so testifying.\n \t\t\t\tAny ruling on the child’s unavailability under this subsection shall\n be supported by the court with findings on the record or with written findings\n in a court not of record.\n\nD. In any proceeding in which closed-circuit television is used to receive\ntestimony, the attorney for the child and the defendant’s attorney and, if\nthe child has been committed to the custody of a local board, the attorney for\nthe local board shall be present in the room with the child, and the child shall\nbe subject to direct and cross examination. The only other persons allowed to be\npresent in the room with the child during his testimony shall be the guardian ad\nlitem, those persons necessary to operate the closed-circuit equipment, and any\nother person whose presence is determined by the court to be necessary to the\nwelfare and well-being of the child.\n\nE. The child’s testimony shall be transmitted by closed-circuit television\ninto the courtroom for the defendant, jury, judge and public to view. The\ndefendant shall be provided with a means of private, contemporaneous\ncommunication with his attorney during the testimony.\n\nHISTORY: 1988, c. 845, \u00a7 63.1-248.13:1; 1999, c. 668; 2002, c. 747; 2018, c.\n564.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}