For the purposes of this Rule, the following definitions shall apply:
(a) "Interviewed child" shall mean any person under the age of eighteen who has been interviewed by means of any type of recording equipment in connection with alleged criminal behavior or allegations of abuse or neglect of any child under the age of eighteen.(b) "Recorded interview" means any electronic recording of the interview, any transcript thereof, and any written documentation in any form related to the recorded interview, of an interviewed child conducted by: (1) An employee or representative of a child advocacy center as that term is defined in W. Va. Code § 49-3-101;(2) any psychologist, psychiatrist, physician, nurse, social worker or other person appointed by the court to interview the interviewed child as provided in W. Va. Code § 62-6 B-3(d); or(3) a child protective services worker, law-enforcement officer, prosecuting attorney or any representative of his or her office, or any other person investigating allegations of criminal behavior or behavior alleged to constitute abuse or neglect of a child. Criminal complaints, police reports, and other routine law enforcement documentation do not constitute a recorded interview.W.Va. Trial. Ct. R. 18.02
Adopted effective 11/14/2017.