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                                ENGROSSED SUBSTITUTE SENATE BILL NO. 6506

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State of Washington                              50th Legislature                              1988 Regular Session

By Senate Committee on Children & Family Services (originally sponsored by Senators Metcalf, Pullen, McCaslin, Bailey, Kiskaddon, Owen, Lee, Zimmerman, Stratton, Saling and Johnson)

Read first time 2/5/88.

AN ACT Relating to a bill of rights for sexually abused children; amending RCW 9A.44.120; and adding a new section to chapter 26.12 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 26.12 RCW to read as follows:

          The legislature believes that sexually abused children deserve certain recognition by the state of Washington.  The legislature thereby adopts the following policies to be considered by judges, attorneys, court personnel, and service providers in making decisions which affect sexually abused children.

          (1) AN EDUCATED AND TRAINED JUDICIARY. Many judges, attorneys, court personnel, and service providers are inadequately trained in recognizing and treating sexually abused children.  The legislature sets as a priority the training of these persons in the recognition and treatment of sexually abused children.

          (2) VISITATION RESTRICTIONS.  Visitation restrictions, as set forth in Substitute Senate Bill No. 6179, should be seriously considered by the judiciary because in many cases, contact between abuser and the abused child is not beneficial to the child.

          (3) A CONSIDERATION OF ALL RELEVANT EVIDENCE.

          (4) JUDICIAL SUPPORT OF PROTECTING PARENTS.  Before holding one parent in contempt for denying contact between the abused child and the allegedly abusive parent in contravention of a court order, the court should first hold a hearing which includes full consideration of the allegation of sexual abuse.

          (5) PUBLIC SCRUTINY OF ATTEMPTS TO PUNISH A PROTECTING PARENT.  A change in a child's residence for the purpose of punishing the residential parent for not cooperating with the court is inappropriate.

        Sec. 2.  Section 2, chapter 129, Laws of 1982 as amended by section 1, chapter 404, Laws of 1985 and RCW 9A.44.120 are each amended to read as follows:

          A statement made by a child when under the age of ten describing any act of sexual contact performed with or on the child by another, not otherwise admissible by statute or court rule, is admissible in evidence in ((dependency proceedings under Title 13 RCW and criminal)) all proceedings in the courts of the state of Washington if:

          (1) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability; and

          (2) The child either:

          (a) Testifies at the proceedings; or

          (b) Is unavailable as a witness:  PROVIDED, That when the child is unavailable as a witness, such statement may be admitted only if there is corroborative evidence of the act.

          A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party his intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings to provide the adverse party with a fair opportunity to prepare to meet the statement.