SENATE BILL REPORT

ESSB 6506

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

Adopting policies for sexually abused children.

Senate Committee on Children & Family Services

Senate Hearing Date(s):February 4, 1988

Majority Report:  That Substitute Senate Bill No. 6506 be substituted therefor, and the substitute do pass.

      Signed by Senators Kiskaddon, Chairman; Bailey, Vice Chairman; Craswell, Fleming, Garrett, McDonald, Stratton.

Senate Staff:Jennifer Strus (786-7472)

                  February 11, 1988

AS PASSED SENATE, FEBRUARY 10, 1988

BACKGROUND:

Sexual abuse of children has increased in the past several years and the rights of those children have become a major concern.  There are no statutes which specifically state that the sexually abused child shall be given special recognition.

SUMMARY:

The Legislature makes a policy statement that sexually abused children deserve certain recognition by the state of Washington.

The Legislature recognizes that judges, attorneys, court personnel and service providers are inadequately trained in the area of sexual abuse and that this training is a legislative priority.

The Legislature also recognizes that visitation between abused child and abuser is not always beneficial and that a parent should not be held in contempt for refusing to allow visitation until the allegation of sexual abuse has been fully heard by the court.  The Legislature also finds that it is inappropriate for a child's residence to be changed by the court simply to punish a parent for his or her lack of cooperation with the court.

A statement made by a child less than 10 years old describing an act of sexual conduct either witnessed by him or her or performed on him or her which is not otherwise admissible is admissible in all proceedings if the court finds after a hearing that the statement is reliable and the child testifies.  If the child is unavailable to testify, the court will not admit the statement unless there is other corroborative evidence of the sexual act.

The party who plans to use a child's statement must notify the opposing party to allow that party an opportunity to defend.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 21, 1988

Senate Committee - Testified: Dr. Elaine Samuel (for); Sherri Vaughan, Providence Sexual Assault Center(for); Lee Fish, Washington Association of Juvenile Court Administrators (for)