Legislature(1995 - 1996)
02/28/1996 09:05 AM Senate HES
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* first hearing in first committee of referral
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SB 188 VIDEOTAPE INTERVIEW OF ABUSED MINOR
Number 028
CHAIRMAN GREEN introduced SB 188 as the next order of business
before the committee.
SENATOR MILLER moved that the CS be adopted in lieu of the original
bill. The CS requires mandatory audiotaping while videotaping
would be utilized when possible, that is the only change in the CS.
Hearing no objection, the CS was adopted.
SENATOR SALO asked if more public testimony would be taken.
CHAIRMAN GREEN replied yes.
SENATOR MILLER pointed out that the next committee of referral is
the Senate Judiciary where the entire process would be followed
again.
CHAIRMAN GREEN informed the committee that two individuals at the
last hearing were not able to present their testimony and were told
they would be heard today. If their testimony is not heard today,
Chairman Green ensured that their testimony would be heard in
Senate Judiciary.
DIANE WORLEY, Director of the Division of Family & Youth Services
(DFYS), said that she had reviewed CSSB 188(HES). The department
maintains its opposition to the bill due to the mandatory aspect of
the bill. The mandatory provision makes the implementation of the
bill unwieldy and practically impossible to implement in some parts
of the state. Furthermore, the safety of children would be placed
in jeopardy if a taped interview was not possible and the
investigation of the child abuse could not be continued. She
offered to answer any questions.
Number 078
SENATOR SALO indicated that requiring audiotaping rather than
videotaping made the bill less wieldy. DIANE WORLEY agreed, but
the bill continues to focus on videotaping as the primary mode of
recording when possible. That focus on videotaping carries a large
fiscal note. Ms. Worley pointed out that one of the goals of DFYS
is to do more audiotaping, but the mandatory aspect of the bill
could create problems in rural areas or when the recorder breaks
down. The division fears that an investigation would have to be
stopped and the child be placed in danger because of the lack of
the audiotape.
JAYNE ANDREEN, Executive Director of the Council on Domestic
Violence & Sexual Assault, stated that the council has grave
concerns with SB 188. SB 188 creates difficulty when working with
the child in an abuse or neglect case, especially those persons
required to report the case or work with the child. Ms. Andreen
informed the committee that often children will make a passing
comment or a direct disclosure during a group presentation or play
time. The child needs to have a place where he/she feels safe
disclosing such information. Stopping the process in order to
videotape the child, breaks down the process for the child. Ms.
Andreen felt that this would actually circumvent the council's
ability to take care of children.
Number 128
SENATOR MILLER moved that CSSB 188(HES), version F, be moved out of
committee with individual recommendations.
SENATOR SALO objected. She expressed concern with the possibility
that cases may be lost. Perhaps, encouraging the department to
utilize more audio and videotaping without mandating it would be a
possibility. Senator Salo expressed concern with the focus of the
trial turning to the technological aspects of the tape, as
literature from other states who have moved in this direction has
indicated. She hoped those issues would be reviewed in Senate
Judiciary. Senator Salo removed her objection.
CHAIRMAN GREEN noted that Lauree Hugonin was present and asked if
she would like to testify on SB 188 or she could testify in the
next committee, Senate Judiciary. Ms. Hugonin decided to present
her comments in Senate Judiciary.
Number 170
SENATOR LEMAN said that he shared some of Senator Salo's concerns.
He wanted to ensure that the notes of the passing comments of the
initial disclosure could be maintained and kept as evidence. That
concern could be addressed and worked on further in Senate
Judiciary.
SENATOR MILLER agreed that was the intent. Senator Miller believed
that everyone agreed on the direction of the legislation, sometimes
pressure on the department is needed in order to achieve that
direction. He was willing to work with the department.
Hearing no objection, CSSB 188(HES) was moved from committee with
individual recommendations and accompanying fiscal notes.
The following written testimony was submitted for the record:
February 9, 1996
Senator Lyda Green
State of Alaska Senate
State Capitol
Juneau, Alaska 99801-1182
Dear Senator Green,
I was present, and wishing to testify, during the Health, Education
and Social Services committee meeting today; however, I was not
given that opportunity. I am now conveying to you my adamant
opposition to the passage of Senate Bill 188.
I am currently Captain in charge of the Anchorage Police
Department, Detective Division. I have been a police officer for
20 years. I am also secretary of the Steering Committee for the
Southcentral Alaska Chapter of the National Committee to Prevent
Child Abuse.
Senate Bill 188 signifies a giant step backward in the protection
of children who are sexually and physically abused. This bill ties
the hands of law enforcement and will, if passed, prevent the
investigation and prosecution of many child abusers.
Currently, detectives of the Anchorage Police Department videotape
interviews with children who are victims of abuse. That is, when
the children can be brought to the police department for the
interview. We have had situations where the child is so
traumatized by the abuse that our only option was to interview the
child at the hospital, the school, the home, or the church.
Forcing a child in under certain circumstances would be nothing
less than cruel on our part. And to lose the ability to further
the investigation and presentation for prosecution is unthinkable.
If we have an adult victim of a physical or sexual assault we are
not videotaping them. We are taking great care to afford them the
dignity they deserve and prevent them further trauma and
humiliation by the system. Why would we want something less than
that for the children?
If there is a specific problem identified I would be infavor of
addressing that problem, through training, or supervision, or
protocol. I can tell you when a case comes in where a custody
battle rages we look very closely at why a person is reporting. We
neither assume it is a false allegation, nor do we assume it is
genuine; but we do look at all possibile motives. The percentage
of false reporting is very low in comparison to the genuine reports
of abuse we receive. These cases are identified through an in-
depth, skilled and professional investigation.
Whereas, I have no objection to an expedient investigation into
allegations of child abuse, I do object to potentially losing the
ability to investigate and send forward for prosecution cases where
the probable cause exists that a child has been abused - only
because a videotaped session was not possible or practical.
Whereas, on the face this bill appears to support the interest of
the children, in reality it will cause many great harm. Please do
not pass SB 188. I agree with all those who testified in
opposition, today. The best approach is the enhancement of
training and the establishment of protocol. Thank you.
Sincerely Yours,
Captain Shirley A. Warner
Detective Division
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