SENATE BILL REPORT

SB 6506

BYSenators Metcalf, Pullen, McCaslin, Bailey, Kiskaddon, Owen, Lee, Zimmerman, Stratton, Saling and Johnson

Adopting a bill of rights 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 4, 1988

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, FEBRUARY 4, 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:

Sexually abused children are entitled to certain rights.  The abused child shall not be forced to have contact with the abusing parent.  The courts, family members and juvenile must be trained on the diagnosis and treatment of sexual abuse.

In a hearing on the matter, the judge must consider all relevant evidence including expert testimony of the "child abuse syndrome."  The court shall not change custody of a child simply to punish the parent for his or her lack of cooperation.  The court cannot hold a parent in contempt for refusing to allow visitation in violation of a court order as long as he/she believes, in good faith, that the other parent has sexually abused the child.

EFFECT OF PROPOSED SUBSTITUTE:

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 areas 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 that 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.

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)