SENATE BILL REPORT

SB 5124

BYSenators Metcalf, Stratton and Bailey

Creating a bill of rights for sexually abused children.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 31, 1989; February 15, 1989

Majority Report:  That Substitute Senate Bill No. 5124 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Bailey, Stratton, Vognild

Senate Staff:Carol Pedigo (786-7417)

                  February 16, 1989

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, FEBRUARY 15, 1989

BACKGROUND:

Sexual abuse of children has increased in the past several years and the rights of those children have become a major concern.

Child abuse experts believe that some judges do not have the expertise necessary to determine the best placement for an abused child.  During the last legislative session the Administrator for the Courts was required to develop a curriculum for education of juvenile court judges, personnel and service providers regarding treatment of abused or neglected children, but the program will not be offered until this spring.

Experts believe the courts should consider any previously decided visitation restrictions, determined in consultation with child abuse experts, when required to reconsider modifications to visitation restrictions.

SUMMARY:

A new section is added to the family court statutes declaring that judges, attorneys, court personnel, law enforcement personnel, and children's service providers should be offered training in the recognition and treatment of sexual abuse.

Judges are required to seriously consider custody and visitation restrictions.  Language is included which recognizes that contact between the child and the alleged abuser is often detrimental to the child.

In regard to custody or visitation involving children who allegedly have been sexually abused, the court is directed to consider expert testimony regarding the welfare of the child, even in cases where sexual abuse charges were not filed.

Language is added which states that the dismissal of criminal charges of sexual abuse shall not be taken as proof of innocence.

EFFECT OF PROPOSED SUBSTITUTE: 

Language is eliminated which states that dismissal of criminal charges of sexual abuse shall not be taken as proof of innocence.  Judges are directed to consider the wishes of the child when determining custody or visitation plans.

Reiterates language currently in other sections of the code which requires that a guardian ad litem be appointed in any child sexual abuse case.  A proviso is added stating that an attorney representing the child fulfills this requirement.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Senator Jack Metcalf (pro); Thomas LaBelle, King County GAL (pro); Bev Emory, WCSAP (pro); David Ridgeway, VOCAL (con); Katharine Briar, DSHS (pro)