Legislature(1995 - 1996)
08/26/1995 01:05 PM House STA
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE STATE AFFAIRS STANDING COMMITTEE
August 26, 1995
1:05 p.m.
Fairbanks, Alaska
MEMBERS PRESENT (Via Teleconference)
Representative Jeannette James, Chair
Representative Brian Porter
Representative Caren Robinson
Representative Ed Willis
MEMBERS ABSENT
Representative Scott Ogan, Vice-Chair
Representative Joe Green
Representative Ivan Ivan
COMMITTEE CALENDAR
* HB 348: "An Act requiring that all official interviews with
children who are alleged to have been abused or
neglected be videotaped or audiotaped."
HEARD AND HELD
(*First public hearing)
WITNESS REGISTER
DEAN J. GUANELI, Chief Assistant Attorney General
Criminal Division, Department of Law
P.O. Box 110300
Juneau, AK 99801
Telephone: (907) 465-3428
POSITION STATEMENT: Opposed HB 348
STEVE EMERSON, Intake Supervisor
Division of Family and Youth Services
Department of Health and Social Services
751 Old Richardson Highway, Ste. 300
Fairbanks, AK 99701
Telephone: (907) 452-1581
POSITION STATEMENT: Provided Information on HB 348
THOMAS J. SYLSBERRY, SR.
P.O. Box 83054
Fairbanks, AK 99708
Telephone: (907) 479-7890
POSITION STATEMENT: Supported HB 348
APRIL D. RODGERS
212 Steelhead Road
Fairbanks, AK 99709
Telephone: (907) 479-8595
POSITION STATEMENT: Supported HB 348
SCOTT TRAFFORD CALDER
P.O. Box 75011
Fairbanks, AK 99707
Telephone: (907) 474-0174
POSITION STATEMENT: Supported HB 348
THOMAS J. SYLSBERRY, JR.
P.O. Box 83054
Fairbanks, AK 99709
Telephone: (907) 479-8494
POSITION STATEMENT: Supported HB 348
VERNINA BERGEIR, V.O.C.A.L. Representative
21628 28th Avenue South
DesMoines, Washington 98198
Telephone: (206) 878-5135
POSITION STATEMENT: Supported HB 348
JEANNIE MARIE PHIPPS
Guardians of Family Rights/Victims of the State
P.O. Box 704
Delta Junction, AK 99727
Telephone: (907) 895-4805
POSITION STATEMENT: Supported HB 348
GENE OTTENSTROER
Guardians of Family Rights/Victims of the State
P.O. Box 704
Delta Junction, AK 99727
Telephone: (907) 895-4805
POSITION STATEMENT: Supported HB 348
JODI DELANEY
Concerned Parents for Reform
P.O. Box 56054
North Pole, AK 99705
Telephone: (907) 488-0334
POSITION STATEMENT: Supported HB 348
PAT OBRIST
557 Fairbanks Street
Fairbanks, AK 99709
Telephone: (907) 479-2447
POSITION STATEMENT: Supported HB 348
WALTER GAUTHIER, Member
Guardians of Family Rights
P.O. Box 2246
Homer, AK 99603
Telephone: (907) 235-2809
POSITION STATEMENT: Supported HB 348
LYNNE HOFFMAN
1320 Prospector Drive
Fairbanks, AK 99709
Telephone: (907) 479-2529
POSITION STATEMENT: Opposed HB 348
HARRY B. NIEHAUS, Member
Guardians of Family Rights
P.O. Box 56873
North Pole, AK 99705
Telephone: (907) 488-9328
POSITION STATEMENT: Supported HB 348
NAOMI HODSON, Member
Guardians of Family Rights
P.O. Box 3687
Soldotna, AK 99669
Telephone: (907) 260-3521
POSITION STATEMENT: Supported HB 348
SHERRIE GOLL, Member
Alaska Women's Lobby
P.O. Box 850
Haines, AK 99827
Telephone: (907) 766-2739
POSITION STATEMENT: Provided information on HB 348
RONDI ALDRIDGE, Member
Concerned Parents for Reform
P.O. Box 56853
North Pole, AK 99705
Telephone: (907) 488-5753
POSITION STATEMENT: Supported HB 348
DENNIS SNIDER
1200 Pueblo Way
North Pole, AK 99705
Telephone: (907) 488-6438
POSITION STATEMENT: Supported HB 348
DOUGLAS O'BRIEN
Skid 18 Press
P.O. Box 73448
Fairbanks, AK 99707
Telephone: (907) 479-7543
POSITION STATEMENT: Supported HB 348
JULIE HICKS
Guardians of Family Rights
P.O. Box 55455
North Pole, AK 99705
Telephone: (907) 488-9328
POSITION STATEMENT: Supported HB 348
CHARLES MCKEE
P.O. Box 143452
Anchorage, AK 99514
Telephone: None
POSITION STATEMENT: Provided information on HB 348
CYNTHIA HENRY, Member
Fairbanks North Star Borough School Board
3216 Riverview Drive
Fairbanks, AK 99709
Telephone: (907) 474-0034
POSITION STATEMENT: Provided information on HB 348
RAYNA HAMM
1100 Gilmore Trail
Fairbanks, AK 99712
Telephone: None
POSITION STATEMENT: Provided information on HB 348
PREVIOUS ACTION
Not Available
ACTION NARRATIVE
TAPE 95-58, SIDE A
HB 348 - VIDEO/AUDIOTAPE INTERVIEW OF ABUSED MINOR
CHAIR JEANNETTE JAMES called the meeting to order at 1:05 p.m. and
read her sponsor statement for HB 348:
"The intent of this bill is to have a video camera or audio
tape recorder turned on immediately at the start of the
original, initial official interview with an allegedly abused
or neglected child and to record the entire interview and all
subsequent interviews with the child.
"When dealing with emotion-laden situations, adults'
perceptions and memories are not necessarily reliable; and
children can be lead to make imaginary happenings sound like
fact and to finally believe these fantasies themselves. The
credibility of all parties can become suspect and an accurate
objective judgment is then impossible. This bill would help
dispel incorrect perceptions and allow fairness to all parties
involved.
"Last year's similar HB 350 met with strong resistance from
DFYS and other state agencies. This year, an ombudsman's
investigation found:
- Arguments in favor of videotaping or at least audiotaping
are as compelling as those against the practice....
- Administrative convenience does not justify lack of agency
accountability in this sensitive area....
- Where video and audio recorders might have intimidated
children in the 1960s, the same likely cannot be said in
the 1990s, and finally....
- Social workers questioned by the ombudsman investigator
either said that audiotaping would not be a problem and
might be easier than note taking, or said that a videotape
would be the best way to review a case.
"HB 348 will help implement sound public policy by requiring
accountability of agency action in the sensitive area of state
interference in private family life."
CHAIR JAMES gave instructions for the individuals testifying via
teleconference and requested written as well as verbal testimony.
DEAN GUANELI, Chief Assistant Attorney General, Criminal Division,
Alaska Department of Law, testified via teleconference from Juneau
in opposition to HB 348. He stated five major points.
MR. GUANELI'S first point was that child abuse investigations are
extremely sensitive, and taking children to a formal setting for
taping would interfere by making children uncomfortable and
reluctant to divulge information.
MR. GUANELI'S second objection was that the bill was far too broad
in that it covers all people who work for government entities.
That means if a child tried to discuss suspected abuse with a
teacher, a school nurse, or a public defender, the conversation
could not take place "without a tape recorder being drug out." He
added the bill could be unconstitutional; violating a person's
Sixth Amendment right to counsel.
MR. GUANELI'S third objection was the possibility that if an
interview was not conducted properly, evidence would not be
admissible in court. He noted the most crucial evidence is often
the first report a child gives to someone, and this could be lost.
MR. GUANELI'S fourth point dealt with the ombudsman's solution to
the problem of not being able to tell what went on in the (Bethel
case) interview, which was "somewhat repugnant" to him; that
solution being, "We don't know what happened there so let's
videotape everything, every interview." He continued, "Even though
there were two social workers there, presumably both social workers
reached the same conclusion, but that wasn't good enough for the
ombudsman; they wanted everything taped. I think it is
inappropriate to introduce Big Brother into all government
agencies."
MR. GUANELI'S final point was that the thrust of the ombudsman's
summary was whether the interview (in the Bethel case) should have
taken place at all, whether the information available actually
justified the interview. He noted we should want these interviews
to take place, in most cases, to protect the child. If the abuse
had actually occurred and an interview had not taken place, the
parents would probably have sued the state because an interview was
not done. He noted the DFYS is "damned if they do and damned if
they don't" conduct interviews. He concluded that HB 348 is not
the correct solution.
STEVE EMERSON, Intake Supervisor, Division of Family and Youth
Services (DFYS), Department of Health and Social Services,
testified in Fairbanks as a "private citizen," stating the current
position of the DFYS on HB 348 is neutral, but he personally had
two areas of concern; one was practical and one dealt with the
effectiveness of videotaping.
MR. EMERSON noted other states which use videotaping are not
mandated to do so, rather they choose to do so in specific cases,
and they have state-of-the-art rooms and equipment conducive to
making the child comfortable. He said all research agrees that
setting up cameras in full view of children is intimidating and
sends the message to the child "we don't believe you to begin
with." Each of the approximately 40 bush offices would have to be
equipped, and remote sites can't be expected to have the proper
equipment.
MR. EMERSON added children usually disclose abuse over a long
period of time; a videotape only represents a segment of time and
could be misleading if viewed as the whole case. Also, videotaping
would not fix the problem of bad interviewing, so why not take the
millions of dollars this would cost and pour it into training
social workers. He said videotaping could help protect the
perpetrator of the abuse rather than the victim if it intimidates
the child and inhibits disclosure. The risk of a technical error,
something as simple as the batteries going dead, could cause
dismissal of the charge.
MR. EMERSON concluded the administrative responsibility of
maintaining the integrity and confidentiality of the videotapes
would be an enormous burden to the state. The proposed system has
no true benefit. No legislator has come by the DFYS office to see
how busy the social workers are; putting this extra burden on them
would only serve to put more children at risk.
THOMAS J. SYLSBERRY, SR., testified in Fairbanks, stating he had
over 30 years experience as a youth corrections officer, although
he was representing himself. He said he had observed social
workers all his life and felt they were out of control; he had
watched them destroy more families than they ever repaired.
APRIL D. RODGERS testified in Fairbanks, saying the department has
too much discretion. Her son was twice put in placements, out of
her home, which were dangerous to him. One resulted in a drug
overdose and the other in a felony charge against him. A superior
court judge stated the court had no authority. Videotaping of
interviews would be a small check and balance, and it could be done
unobtrusively. Right now the department is allowed more discretion
than parents have.
SCOTT CALDER testified in Fairbanks, stating HB 348 is essential in
order to improve life for everyone in the community, especially
children, by reducing the threat that families of innocent people
anywhere, any time, and for no reason, might lose their liberty.
The government is attacking families. Without a means to detect an
error, there is no science; without a test of a truth, no fact
exists. He added the extra burden to social workers is not the
issue; it is the burden upon the state and the public which
concerns him. He cited a 1993 U.S. Supreme Court case which
changed expert scientific testimony by eliminating the general
agreement criteria as a necessary test.
THOMAS J. SYLSBERRY, JR., testified in Fairbanks, referring to
initial interviews with children in which the allegations a social
worker puts on paper are not always what the children say. He
discussed an interview he had observed in which the child was lead
on by the social worker's repeatedly pointing to the child's
genitals. He watched the child repeatedly shake her head, but the
written record was what the social worker wanted to write, not what
happened. Taping the interview would hold social workers to the
truth. He added children are not intimidated by cameras.
VERNINA BERGEIR, V.O.C.A.L. representative, testified from
Washington, stating children's testimonies produce unreliable
results simply because they are children. This is why some
societies have prohibited children from giving testimonies in
court. Children younger than six years old cannot tell the
difference between events that go on inside their heads and those
that go on outside their heads; this is why no society in the
history of the world has ever begun a formal education until the
children are age five or six. Most people do not want to know that
the government is so corrupt and so incompetent as to let a thing
like the McMartin case go on for five years when they knew the
McMartins were innocent the first year. Videotaping is needed so
children are not interrogated repeatedly for long periods of time.
She knew of a case where a child was questioned for 12 hours.
JEANNIE MARIE PHIPPS, Member, Board of Directors, Guardians of
Family Rights, testified from Delta Junction, stating the DFYS
needs to be held accountable. Parents should be notified before an
interview is conducted. People should be able to face their
accusers. Videotaping is one of the best ideas to accomplish this.
The taping should be conducted by an unbiased party not associated
with the DFYS, and the date and time should be on the tape as it is
running so people can tell the tape has not been tampered with.
GENE OTTENSTROER, Guardians of Family Rights/Victims of the State,
testified from Delta, noting the bill needs some minor changes such
as not waiting until after the interview to notify the parents.
Parents should be notified before the interview. Files should be
started on social workers who lie to parents and lie on the witness
stand. An outside unbiased party should do the videotaping. We
need some way to prosecute social workers who do wrong. Children
should be kept in the hands of their parents; even though some
parents don't deserve to keep their children, some foster homes are
even worse.
JODI DELANEY, Member, Concerned Parents for Reform, testified in
Fairbanks noting there are thousands of families in Alaska who have
been wronged. Alaska leads the nation in false allegations of
child abuse. There are no checks and balances, and families are
being destroyed. In her personal experience, the system destroyed
her family when the social worker who did the interviews filed
false allegations. There were no records to back it up. If it had
been videotaped, the social worker would have been seen to be
dysfunctional and Ms. Delaney's life and family would not have been
destroyed.
MS. DELANEY added HB 348 was brought together as a first step in
changing the system, to assist and educate social workers in
getting to the root of false allegations and to help people who
have been wronged. The tapes could be transcribed so everyone
would be working with the same hard copy; thus no individual
opinions would devastate families, and checks and balances would be
established.
MS. DELANEY noted if HB 348 is passed, minimum interrogation would
be required. As it is now, a child has to be interviewed 8 to 11
times before going into a courtroom, and each allegation involves
a minimum of 80 hours of interrogation by "the division." She
noted that no one supports child abuse, but "worst of all" is the
abuse the agency is getting away with. The requirements of HB 348
would be a lot cheaper than litigation which would occur without
the bill. She added it is a myth that teachers would have to run
down and get a video camera; teachers are there to teach. They
would notify the DFYS or a trooper to do the taping. If there is
abuse happening in the school while they are waiting, that is
another problem.
TAPE 95-58, SIDE B
PAT OBRIST testified in Fairbanks regarding her personal situation
with her two children, ages 11 and 12, who were taken from her
because of sexual abuse charges due to her giving her son an enema.
The state of Alaska claims it cannot help her, since the children
were put in the custody of their father in California, who is now
abusing them. She said the custody investigator, not the DFYS,
handled her case and accepted false allegations. She asked advise
on where to go to get help for families like hers who are torn
apart by false allegations.
WALTER GAUTHIER, Member, Guardians of Family Rights, testified from
Homer, stating he believed videotaping interviews with minors who
have allegedly been abused is an absolute necessity. Previous
testimony "shows clearly that testimony of social workers is often
at absolute variance with the facts." Guardians of Family Rights
in Kenai has tape recorded evidence of a DFYS social worker giving
perjured testimony. He stated, "Since DFYS, the court system, and
the state assistant attorney generals who prosecute these child
abuse cases are all paid by the same people in Juneau, none of them
are interested in enforcing the law between each other." He stated
all people lie. An interviewer's message has a large effect on
what a child will say. A six-year-old child held in a room for
many hours will say anything just to be set free. The DFYS
officers counsel parents that if they will admit to the abuse, the
family can get back together. Once the DFYS has the testimony, the
family never is put back together. Federal agencies pay the state
of Alaska over $30,000 for every child put into foster care by the
state; DFYS is hungry for case loads to maintain their jobs and
their budgets.
LYNNE HOFFMAN, testifying in Fairbanks, responded to the previous
testimony by saying it is a huge misconception that the DFYS is
hungry to maintain a case load. She pointed out it is not the DFYS
or the social worker who suspects child abuse, but rather concerned
citizens. The agency has been working toward a family centered
approach with the goal of offering services to families while
keeping children in their homes and avoiding unnecessary
out-of-home placement. Contrary to what many people want to
believe, social workers work very hard to keep children in their
homes, often being criticized for doing so by the community. The
perception that social workers are "bent on bagging abusers" is
totally inaccurate. In contrast to those who believe the DFYS is
overzealous, many believe the DFYS is not doing enough to protect
children. Social workers would welcome the opportunity and
capability of videotaping some interviews with children, to assist
all parties involved, especially those cases involving young
children who are difficult to interview due to their limited verbal
skills, but requiring taping of all interviews would be intrusive
and expensive. Funds could better be used to provide more social
workers and additional training. She added that although social
workers may make the initial decision to remove a child from its
home, judges and other legal people are involved in the process
within 48 hours.
CHAIR JAMES reminded the listeners that, although all testimony has
involved videotaping, HB 348 allows the use of an audiotape
recorder if using a video camera is not practical. She added that
amendments and revisions to the bill can be made to meet people's
concerns.
HARRY NIEHAUS testified in Fairbanks as a member of Guardians of
Family Rights, stating he would like to see it spelled out exactly
when video would be replaced with audio, and under what specific
circumstances. If it were left vague, the DFYS would take
advantage of it and misconstrue it. No one should have immunity
from the law. People need to be kept accountable and HB 348 is a
good first step toward this, but the time, date, and place need to
be part of the record. Only under extreme and specified
circumstances should audio be substituted.
NAOMI HODSON, Member, Guardians of Family Rights, testified from
Kenai/Soldotna, saying videotaping has been used there and it does
include the date and time so every minute can be accounted for.
She noted audiotaping can be started and stopped without detection.
Taping is necessary to protect everyone concerned.
SHERRIE GOLL, Member, Alaska Women's Lobby, testified from Haines,
stating physical and sexual abuse of children is a very serious
thing in our state and in our nation. The state has a duty to
protect children from abuse. To imagine that DFYS social workers
will somehow financially benefit from falsely accusing people of
abusing their children is to completely misunderstand what child
protection is about. She said some of the testimony she has heard
is somewhat frightening in its near paranoia regarding government
and law enforcement. She stated the focus needs to be on the
protection of children, and at the same time people need to be
protected from false allegations. The option of audiotaping in the
bill needs to be discussed further, as well as the question of the
necessity of pointing a camera at a child disclosing abuse.
CHAIR JAMES asked if any committee members had comments.
REPRESENTATIVE BRIAN PORTER commented from Anchorage, referring to
the last couple of lines of the bill which read, "If videotaping of
the initial interview or a subsequent interview is impractical, the
interview shall be audiotaped." He stated he had presumed it meant
if it was logistically impractical or if it appeared to interfere
with the child's ability to communicate, videotaping would not be
required. He asked if that would be the intent.
CHAIR JAMES said she had intended to leave some discretion to the
Department of Health and Social Services in cases where the
equipment is not available or the child seems to be intimidated,
though it is obvious some people would like them to have no
discretion and to have everything finely defined which her basic
philosophies sometimes indicate is smart. As HB 348 goes through
the process, it will be better defined. She did not intend to
prohibit asking questions of a child just because a camera is not
available in an emergency situation.
CHAIR JAMES related her firsthand experience with an associate in
Washington whose four children were taken away due to a false
report of sexual abuse based on a single conversation the father
had had with his 12-year-old daughter regarding menstruation. This
was a case of damage being done by overzealousness. Since these
situations occur when every single allegation is required to be
investigated, perhaps that is where we need to begin.
CHAIR JAMES added the demands of the public to the education system
and the social service departments over the last 30 or 40 years
have taken away parents' authority in raising their own children.
Instead of having a program where teachers and social service
workers encourage children to discuss problems with their parents,
parents are seen as the enemy. She stated people are clamoring to
do something about teen-age crime and to make parents responsible
for their children, but how can we make parents responsible when we
have taken away their responsibility and their authority to raise
their own children. HB 348 is a small step, but the system needs
to be changed. The definition of "abuse" is a matter of personal
opinion. She finds children are afraid of her now because they
have been told adults can be bad.
CHAIR JAMES referred to the case in Bethel which turned out to be
an unfounded complaint, yet the whole family was disrupted and
distressed and will never get over it completely. She stated her
personal opinion that, though it is a hard thing to say, one case
of abuse that has gone unnoticed is not as dangerous as one
innocent family falsely accused and torn apart.
MS. HODSON agreed with Chair James, adding that teen-agers who
don't like being grounded or put on restriction by their parents,
who don't get everything just their way, can "holler abuse" and be
put into custody, given all new clothes and whatever they want
without restrictions. Parents must be given back control of their
children, and videotaping will help prevent kids from making false
claims against their parents.
CHAIR JAMES agreed and commented the cost and the inconvenience
would be justified in such cases.
MR. GAUTHIER asked if this hearing was being tape recorded.
CHAIR JAMES said it was.
MR. GAUTHIER asked if hearings such as this are recorded, what
makes our children any less important? People lie; machines don't.
REPRESENTATIVE CAREN ROBINSON commented from Juneau that she would
like the committee to get more data, rather than just personal
examples and ideas. She had some specific requests:
1. She would like information from the Departments of Law,
Health and Social Services, and Public Safety, regarding
exactly what is happening across the state. When she left
the field in 1986, they were striving to set up sexual
assault interview rooms across the state, and she would
like to know what has taken place since then.
2. The Cowper Administration had a task force on child sexual
abuse recommendations. She would like each committee
member to get a copy of that, and she would like to know
which recommendations have been followed.
3. In the 1980s, an agreement was set up between all the
departments on how they would interact on child sexual
abuse cases, and she would like each member to get copies
of that interagency agreement. She would be really
distressed to see Alaska go backwards to the days when we
viewed child sexual abuse differently. We need to see how
we can make the system work better.
4. She would like the committee to look at what is happening
now with the foster care review board. Over half a million
dollars had been allocated for these reviews and reports.
5. The child sexual assault center in Seattle could furnish
information which would help in making final decisions.
CHAIR JAMES thanked Representative Robinson for her suggestions and
asked her to help acquire all this information for the committee.
RONDI ALDRIDGE, Member, Concerned Parents for Reform, testified in
Fairbanks, stating mandatory videotaping of all abuse and neglect
allegations would be in the best interest of everyone concerned.
It would eliminate any doubt about what was said by the child, the
social worker, the parent, or the reporter, and make everyone
accountable. It would also eliminate the trauma of repeated
interrogation to the victim, and it would eliminate all opinions.
It would eliminate false allegations made by children to use the
system as a vehicle to get out of where they don't want to be or to
get where they think they want to be. Retaliations aimed at
harming innocent people would also be eliminated. Audio recordings
could be tampered with or erased. Videotaping would have hard-copy
transcript back-up. Alaska leads over 60 percent above any other
state in child abuse.
MS. ALDRIDGE discussed her own case in which her son made true
allegations against a now-convicted pedophile. His repeated
interrogations could have been avoided if the initial interview had
been videotaped.
DENNIS SNIDER testified in Fairbanks, stating his children were in
temporary custody of the DFYS. Though he has taken all the courses
and done everything the DFYS asked, and his kids want to be with
him, the family is still not together. He doesn't know where to go
to reunite his family. They are bogged down in the system and lost
in the paperwork. If the DFYS's purpose is to reunite the family,
they should do so.
DOUGLAS O'BRIEN representing SKID 18 Press, testified in Fairbanks,
stating he entered the system through an error in the court which
granted him the wrong person's divorce and custody case. After
several years of battling this, he completed two volumes analyzing
what is going on with the system. The books are sanctioned by the
Children's Rights Council, numerous father's rights groups and
parental groups around and country, and point out that we have a
broken system. We have people in two different areas, one being
the advocacy arena which is an adversarial system, and the second
being the social services arena where people are trained to look
for deviance and wrong-doing. Because of this, they are not
looking for any holistic reuniting or maintenance of families. The
system is corrosive, it is damaging our families, and it is very
expensive. If fundamental changes can be made, taking the system
away from an adversarial and advocacy system and looking toward
holistic maintenance of the family, we can have a good system.
MR. O'BRIEN added the system is much worse than people think. Once
you get in, you cannot get out. HB 348 can stop a lot of the
coercive, illegal, unconstitutional gathering of documentation
unfounded on any real evidence. Regulatory law violates the very
foundation of this country, which is the family.
TAPE 95-59, SIDE A
JULIE HICKS, testified in Fairbanks as a member of Guardians of
Family Rights, noting the purpose statement of the reporting laws
includes limiting the number of interviews children are exposed to,
and having the interviews videotaped will accomplish this.
CHARLES MCKEE testified from Anchorage. He referenced a brief he
is publishing and stated HB 348 does not deal with the problem that
people are ignoring the Christian foundation of this country which
establishes the true relationship of a family.
CHAIR JAMES stated for the record, that written testimony from two
testifiers in Delta will be made part of the record.
MS. DELANEY testified again, stating a study has shown that
professionals are out to save their professions, and she is out to
save families. There is a fear of exposure within the agencies and
we need a check and balance. The ombudsman's report shows that the
interview notes from the case in Bethel were torn up and destroyed.
Mandatory audiotaping is already in the existing manual and it is
not followed. In the middle of the instructions for an interview
it says "Now turn on the recorder" and this isn't done.
MS. DELANEY continued it angers her that the agency doesn't think
the families who have been testifying have done in-depth,
independent research, because they have, starting at the
Washington, D.C. level and working down. They know where the
funding comes from, and they know social workers don't set out to
destroy families. It is the system that is failing us; the system
is out of balance. Law enforcement officers in this state are
beginning to have video cameras on their uniforms. Why would the
agency disagree with having that for interviews with children?
Agency people tell her morale is broken, and the family bonds that
are broken can no longer be repaired. She said her group works
with very strong professionals and suggested law enforcement and
social service agencies not underestimate the power of the people
they are speaking to, because they will not stop and they will
continue to demand the wrongs be made right, and the records be
corrected. Professionals have called her, and professionals are
now turning each other in.
MS. DELANEY added she supports mandatory videotaping, but she does
not support audio recording except in an emergency situation in a
rural area, though she does not see why that is necessary when all
villages are set up with video recording for their homicide
departments. The Citizens Review Panel on Permanency Planning
needs to become active as a check and balance for our foster care
system. The Division of Family and Youth Services is where it all
begins, and that is the place to start. She pointed out that many
of the people in her groups have education levels which exceed
those of the professionals who are out to save face.
CYNTHIA HENRY, Member, Fairbanks North Star Borough School Board,
asked Chair James to give the status of the bill.
CHAIR JAMES thanked Ms. Henry for attending the meeting and for
listening to the people of the district. She answered the question
by saying the bill is in House State Affairs, and that it did not
have to have that referral. She had requested a State Affairs
referral so she would be in charge of the bill during the interim
and could hold a hearing, although most of the scrutiny will occur
when the bill goes to the Health and Social Services committee,
then it goes to Judiciary and Finance. It then goes to the Senate,
where it will also have committee referrals. It is a big
assignment to get the bill through the whole process in one
legislative session, and it will take a great deal of public input.
RAYNA HAMM asked for clarification on a point brought up by the
first testifier. She asked if Chair James intended the bill to
cover school teachers and school nurses.
CHAIR JAMES replied the bill as currently written does include
anyone who would be interviewing a child regarding alleged abuse,
in any capacity or location. The focus of the bill is that all
interviews be taped in case suggestions are given to the children.
If a young child is questioned and an idea implanted, years later
the child can falsely remember the idea as something that really
happened, as opposed to something visualized because of the
interviewer's questions. There is a great deal of information
available now regarding suggestive interviews.
ADJOURNMENT
CHAIR JAMES reminded the participants that their continued input
and support are very important. She thanked the participants and
adjourned the meeting at 3:00 p.m.
| Document Name | Date/Time | Subjects |
|---|