HB 233-SEXUAL ABUSE/ASSAULT PREVENTION PROGRAMS  8:03:08 AM CHAIR GATTIS announced that the first order of business would be HOUSE BILL NO. 233, "An Act relating to sexual abuse and sexual assault awareness and prevention efforts in public schools." 8:03:41 AM REPRESENTATIVE GERAN TARR, Alaska State Legislature, as a joint prime sponsor of HB 233, stated this bill is a measure to address child abuse prevention in Alaska. She relayed that a constituent raised Erin's Law so she researched child sexual abuse in Alaska. She reported that she reviewed Office of Children Services (OCS) and the Legislative Research Services, Alaska State Legislature, report dated February 17, 2014, in members' packets, reported that of the 2,296 total allegations involving [1,817] alleged child victims, over 40 percent were Alaska Native children. Those figures were alarming to her and she wanted to take action. She discovered that [1,817] victims represents four times the number of students attending a Homer high school, or three times more than those attending a Juneau high school, or more than the total number attending Bartlett High School in Anchorage. She said the figures gave her a different perspective on the number of children affected by sexual child abuse in Alaska. She cited national statistics, relating that one in four girls and one in six boys will be sexually assaulted before the ages of 18, but only one in ten will report to adults. This illustrates why this is a silent epidemic and how conducting a program such as this one to empower children to have a voice and speak up can be effective and could prevent the next generation of children from being abused. REPRESENTATIVE TARR related that after introducing this bill she has heard from Alaskans all over the state describing sexual abuse that has affected their families and their communities. She related a scenario to illustrate the prevalence is much higher in some smaller communities. REPRESENTATIVE TARR said this bill would mandate teaching age appropriate child sexual prevention curriculum to students in all public schools. She described specific language that could help children identify threats that perpetrators make to young children. She offered her belief that this program could empower those children and add training to the mandatory training teachers currently have to recognize signs, appropriately intervene, and report suspected sexual abuse to keep children safe. 8:08:21 AM ERIN MERRYN, Erin's Law [Namesake], stated she is traveling to states in hopes of passing Erin's Law. She described child sexual abuse as the silent epidemic without visible scars. One in four girls and one in six boys will be sexually abused in today's society by the age of 18. Her personal experience began with the first sleep over as a six-year-old and being abused by her friend's uncle. She said that secrecy surrounds the issue and the perpetrator will continue and control the victim with threats of injury. The abuse manifested itself by her acting out in school. She did not learn about safe and unsafe touch and safe and unsafe secrets in school. 8:10:39 AM MS. MERRYN continued to say that she had no language to expose the activity that was being imposed on her throughout her childhood. Although "Stranger Danger" was taught in the classroom and provided to parents for instructing their children, 90 percent of the time sexual abuse occurs by someone the child knows and trusts. When her older cousin began to abuse her as a preteen and through her early teen years, she kept silent due to threats that this would destroy the family and no one would believe her. She continued to be instructed on safety techniques, but not for sexual abuse. Her behavior problems were evident in school but were not being addressed on a level beyond discipline and an IEP. She read from her diary a passage that caused her to begin the crusade she is on today, as follows: I sobbed the whole way home. Over and over in my head I thought about what just happened. In school, a guy called "Officer Friendly" teaches us about strangers. Never answered the door when my parents [were] gone. I thought people, like Brian, jumped out of bushes and attacked you at night. They don't teach you in school about your own family. MS. MERRYN related a story to illustrate perpetrators will victimize as many kids as they can, noting the average sex offender has 114 victims. She said 3 of 42 million survivors of sexual abuse in America alone are children. She asked to put a face and name to the silent epidemic by testifying and giving children the voice she didn't have as a child. 8:16:01 AM MS. MERRYN emphasized the importance to provide a voice to children who are sexually abused. She found her voice when she discovered her younger sister was also being sexually abused by the same family member. She reported that Tennessee was the 12th state to pass this law. She maintained it is an epidemic that will not end until sexual assault is addressed on a level to empower children to speak out. She indicated that the schools have an effective network of salaried positions that can teach children to speak out. In Illinois, social workers and psychologists have been going to classrooms to teach students. Reports indicate that children are beginning to report abuse and have referred to Erin's Law as giving them the courage to report incidents. She urged members to support HB 233. She also said that the governor has offered his support. 8:20:11 AM REPRESENTATIVE P. WILSON commented that as a school nurse in North Caroline she has experienced the difficulty in dealing with this type of situation. She asked whether she obtained counseling. MS. MERRYN answered yes; counseling is important and a less destructive path can be taken. 8:21:50 AM SUSAN MCCAULEY, Director, Teaching and Learning Support, Department of Education and Early Development (EED), mentioned that regulation requirements are in place for annual training for staff regarding sexual assault and abuse reporting; however, language does not stipulate teaching children what is appropriate. She commented that some broad language regarding "safe touch" exists, but not to the degree that this bill addresses. 8:22:42 AM CHAIR GATTIS asked for an opinion on the bill. MS. MCCAULEY, regarding the well-established statistics, related that the problem of sexual abuse of children is recognized as a serious problem. The department supports measures that help ensure that students are safe. The department has language in regulation that is consistent with this bill regarding local control over the development of curricula. The bill does not prescribe a specific curriculum although it mentions the language "age appropriate" and would prescribe to districts, consistent with department regulation, the responsibility for development of the curriculum at the local level. 8:23:43 AM REPRESENTATIVE P. WILSON expressed concern that smaller schools in the rural locations may not have enough staff. She suggested the department might consider providing additional training, perhaps web-based training to ensure the rural schools have access to the sexual assault training. REPRESENTATIVE LEDOUX asked for further clarification, noting she assumed that the department supports HB 233. MS. MCCAULEY responded that the department supports measures to ensure safety of students in Alaska's schools. She clarified what she means is that the established practice in Alaska regarding curriculum development rests at the local level, unlike other states in the country. Clearly, on page 1, line 10 of HB 233, reads, "(a) The governing body of each school district shall ...." Thus, the approach taken in HB 233 is consistent with the department's approach in general regarding curriculum in Alaska. Again, the department supports measures to ensure student safety. 8:26:16 AM REPRESENTATIVE SEATON asked for further clarification regarding the curriculum development and if materials are readily available. MS. MCCAULEY anticipated that established curricula exist, but acknowledged that the sponsor and Ms. Merryn would be more knowledgeable on Erin's Law. REPRESENTATIVE P. WILSON asked to have Ms. Merryn respond. REPRESENTATIVE SADDLER asked for further clarification on the estimated costs involved for training and development. MS. MCCAULEY responded that the staff training component already exists. The department has training materials available through an e-learning module so it appears there would not be additional costs at the department's level to implement the bill. REPRESENTATIVE SADDLER asked about associated costs for staff time. MS. MCCAULEY, from the department's perspective, answered that she did not anticipate any costs. 8:28:18 AM REPRESENTATIVE LEDOUX understood the administration supports measures like this, but said she is seeking a "yes" or "no" on whether the department supports HB 233. MS. MCCAULEY answered yes; the administration supports HB 233. 8:29:06 AM REPRESENTATIVE P. WILSON asked whether any curriculum exists that could easily be adopted by the districts throughout Alaska. MS. MERRYN answered yes; noting that many models are available on Erin's website, [http://www.erinmerryn.net/prevention- programs.html]. She stressed that many recognized programs exist, noting that the Anchorage district has materials since the district has had programs in existence for 15 years. She mentioned other programs including ones in Canada, New Jersey, and Washington State. 8:30:26 AM REPRESENTATIVE KITO III mentioned an amendment to the bill would establish a task force within the Department of Public Safety to help districts identify specific curriculum for the training programs. 8:31:17 AM RACHEL GERNAT, speaking on behalf of herself, related she is a former prosecutor for the state and spent most of her time in the Matanuska-Susitna valley, but also worked in Kotzebue, Glennallen, Cordova, Valdez, and Anchorage. She currently owns a business related to training in the area of sexual assault and domestic violence. She stated support for HB 233 and recounted some of her experience as a prosecutor for the state, handling child sexual abuse. She said a child never reports the first abuse and most of the cases she worked on related to long-term sexual abuse that occurred in the home or a home the family frequented. Often children thought they told an adult, and it may have been hinted at, but the children often felt that adults did not believe them. Many of the victims have maintained contact with her as adults and some have disclosed more information that has allowed her to learn about the nuances of child sexual assault. Further, through her work in classrooms she has found that if children had a means for reporting it can only help. It is important for teachers to be able to recognize the symptoms, as well, and be trained and supported in the effort. She stated support for HB 233. 8:35:51 AM TREVOR STORRS, State Director, Alaska Children's Trust, stated that the Alaska Children's Trust is the lead statewide organization focused on prevention of child abuse and neglect. For nearly two decades, the organization has been striving to ensure all Alaskan children are raised in safe and secure in their communities. He read from prepared notes, as follows: Children are one of the greatest resources in Alaska. Each year, nearly 12,000 babies are born in Alaska - approximately 25 [percent] of Alaska's population is under the age of 18. Unfortunately, not all of these children live in a safe, supportive and nurturing environment. 8:36:38 AM Alaska has one of the highest rates of child abuse and neglect in the nation. In 2012, the Office of Children Services completed over 10,000 initial assessments of children. It is estimated that 65 percent of infants and toddlers in Alaska have at least one risk factor known to increase the chance of poor health, school, and developmental outcomes. Nearly 30 percent of the children maltreated are under the age of three and 37 percent of children entering foster care are also under the age of three. This is a sign that we have an epidemic in our state and the Adverse Childhood Experiences Study shows children who experience trauma like child abuse and neglect have a greater risk of experiencing some of the social, behavioral, and physical ills that plague our communities like obesity, diabetes, domestic violence, substance abuse, not graduating from high school, or entering the correctional systems - many issues we've all been struggling with. We know that Alaska's in the top five in the nation for many of these health issues. Erin's law is one step closer to helping us achieve two critical components to ensure all of Alaska's children are safe. One, reduce trauma and build resiliency. This year that silence that Erin was talking about was definitely broken here in Alaska. Children at the elder and youth conference at AFN [Alaska Federation of Natives] spoke out about the abuse they were experiencing in their village, Tanana, including sexual abuse. They had state troopers follow in with them to ensure that the audience family members, other leaders of their community did not storm the stage and [to] ensure their safety. One child was even told, "Don't bother coming home if you speak out against your family." In their honor, let's look and pass this law. If they can break the silence so can you, so can we. We support Erin's Law. We specifically support the task force being adopted and as a funding agent we would consider looking at a proposal to assist with that task force in the sense of cost. No dollar amount can be determined and it needs to go before the board of directors, but we would strongly encourage an application for such support. The reason we support the task force is there are curricula[a] that are out there that are outdated and are actually no longer good, i.e., Safe Touch doesn't always teach everything that the children need to know so to ensure that this law is not just something on the books and people just do something to meet that requirement, that they truly take it for what it is, of changing the culture within their system and ensuring the safety of the children, the task force is critical. I thank you all for hearing my testimony, but most importantly for listening to Erin today. It is unfortunate that we don't have an Alaskan sitting before you to share [his/her] experiences and we have many, many Alaskans that could share that story but are scared to still break that silence. Help us today to shatter that silence. 8:40:41 AM REPRESENTATIVE REINBOLD asked to focus on the perpetrator. She offered her belief there needs to be serious consequences for the perpetrator. She asked what kind of message the legislature could put forward to criminalize this behavior and not make Alaska a safe haven for these individuals. MS. GERNAT responded that in March 2006, the legislature passed legislation establishing higher penalties for sex offenders. In that way the momentum is moving forward. Until a conviction occurs, bail is often granted to a third-party person who is supposed to watch the person 24 hours a day, but the perpetrator is back in the community in which the victim lives. She advocated for changes to this practice and to increase awareness in communities, which could provide support for victims. 8:43:56 AM REPRESENTATIVE REINBOLD asked her to pass on any suggestions to close legal loopholes. CHAIR GATTIS asked her to pass on any suggestions to her office for dissemination to the committee. 8:44:53 AM MIKE COONS stated support for HB 233, speaking as a retired paramedic, recalled incidents as a paramedic in Ohio, including poor treatment from health and social services. He stressed how difficult it is for children to overcome the trauma and also the difficulty in rehabilitating the perpetrators. Many of the perpetrators are pedophiles who victimize many children. He said he was sad to hear the department need to be questioned several times before the testifier would offer support for HB 233. He offered strong support for HB 233. 8:48:02 AM MATTHEW HIRSHFIELD, M.D.; Pediatrician, All Alaska Pediatric Partnership (AAPP), stated that his group is one of the major organizations that represent health care professionals and health care organizations focusing on children's issues. The AAPP fully supports HB 233 and the amendment to help people get trained to provide age appropriate awareness of sexual touch. He related that his group is focused on the first 1,000 days of life. One thing the AAPP has been looking at is teaching resiliency and trying to minimize trauma in this age group and nothing introduces trauma to kids like sexual abuse - it is a life-long issue. He found Erin's testimony compelling. As a pediatrician, he sees lots of kids who have been abused and the life-long health issues that result from it. The AAPP fully supports this bill and the amendment. He appreciated the opportunity to testify. 8:49:51 AM VIVIAN BENSON, Women in Safe Homes, stated support for HB 233 and deferred to Diane Gubatayao. 8:50:24 AM DIANE GUBATAYAO, Women in Safe Homes (WISH), stated the WISH operates the emergency shelter in Ketchikan for victims and survivors of domestic violence and sexual assault. She said that WISH highly supports HB 233. She provided a local story to underscore the need for this measure, the need to give children a voice. 8:51:55 AM RON FUHRER, President, NEA-Alaska, stated support for HB 233, paraphrasing from a prepared statement, which read [original punctuation provided]: On behalf of NEA-Alaska's 13,000 teachers and education support professionals, as well as Alaska's 130,000 public school students, I am voicing support for HB 233, "Erin's Law." As education professionals, student safety is of the highest concern. From the moment students step onto the school bus in the morning until the time they finish their extracurricular activities in the evening, Alaska's most precious and valuable resources is in our care. It is our job to make sure their learning environment is safe, and to prepare them to protect themselves in the wider world. Sexual assault and abuse prevention and awareness programs are a key component of keeping Alaska's children safe. Such programs allow Alaskan educators to recognize the signs of such violence more quickly, and provide an immediate and direct route of aid for students. It is important that every Alaskan child knows that he or she can speak out to find safety from sexual assault and abuse. As educators, our students' safety always comes first. We wholeheartedly urge the passage of HB 233, which would mandate sexual assault and abuse awareness and prevention in Alaska's schools. Thank you to [Representative] Lynn Gattis and the House Education Committee for taking the time to address this most important issue. 8:53:59 AM CAREN ROBINSON, Lobbyist, Alaska Woman's Lobby, stated support for HB 233, read from a prepared statement, as follows: The mission of the lobby is to defend and advance the rights and needs of women, children, and families in Alaska. We strongly support preventing sexual and domestic violence against children. Many of the Lobby's Steering Committee members are grandmothers today, but were young women in the 70s and 80s and helped design some of the early programs used in our schools today. Many of us were also victims. We appreciate the efforts of Representative Tarr to assure that all children benefit from these prevention efforts. Today with the support of Governor Parnell, the Council on Domestic Violence and Sexual Assault (DV&SA), and most important with the leadership of Lauree Morton, you have a vibrant council and competent staff to help carry out this policy. I'm sure most of you know it is their statutory authority. Their leadership has already advanced prevention efforts. Important programs like "Alaska Men Choose Respect," "Stand up, Speak Up," and the "Alaska Fourth R." This should obviously give you some comfort. I think most of us share the same vision when it comes to domestic violence and sexual assault and that vision [has been] stopping it. We've come a long way, but it's taken a long time and we have a long way to go. Alaska from the start was unique. We insisted that a new statewide Council on Domestic Violence and Sexual Assault be under the Department of Public Safety. This put Alaska years ahead of the nation in recognizing that women and children victims are not sick and in need of mental health treatment. They are victims, needing medical assistance and police support, just like any other crime victim. We recognized that stopping domestic and sexual violence begins with education. 8:56:02 AM MS. ROBINSON continued reading from a prepared statement, as follows: Many communities from across the state continue to lead the nation by offering comprehensive services in our schools, educating parents, teachers, and kids with a K-12 curriculum. For example, as I understand it, we have strong programs in Bethel, Kenai, Anchorage, Fairbanks, and Juneau. But we must do more. There is a glaring need for additional statewide education, identification, and treatment services for children experiencing problems with domestic violence and abuse in their families. School prevention programs are necessary to effect a major change in the next generation's attitudes and to give information to the many children who are experiencing or witnessing physical or sexual abuse. In the beginning, the number of children who came forward after hearing the presentation was overwhelming. But we weren't prepared for who would be amongst the perpetrators: directors of youth programs, an assistant attorney general who helped rewrite child abuse laws, the president of a school board, ministers, fathers, brothers, and other family members and friends, and a lead sexual assault investigator in Juneau. At that point we didn't have the great law we have today regarding the statute of limitations. The person was let off "scot-free" because it wasn't in place and [previously] was within five years. 8:57:29 AM MS. ROBINSON said that there is no longer any statute of limitations due to the legislature, the governor, and others. Further, due to all the work in the past 30 years, physicians routinely ask children if they are safe at home, teachers are required to report suspected abuses, many children learn early on about the difference between good touch and bad touch, reports of domestic violence result in arrest, offenders are locked up, shelters exist throughout Alaska and the nation, and women are still telling their stories. The governor, the legislature, law enforcement, schools, and health providers have responded. Victims in this state are really no longer alone. However, it's time for passage of HB 233 to fill the gaps and make sure all our children, no matter what school they attend, get this important information that could change their lives forever. 8:58:27 AM MS. ROBINSON held up two publications as examples of curriculum that the state has developed, "Preventing Sexual Abuse of Children - A Curriculum for K-6 and 7-12 Grades by Marcia K. Morgan, Council on Domestic Violence and Sexual Assault, Juneau, Alaska" (No Date) and "The Youth Education Treatment Network, Juneau, Alaska." She thanked Bruce Johnson, who was the superintendent of the Juneau School District in the 1980s who had the vision to develop the youth network curriculum using a three-pronged approach by educating the teachers, parents, and talking to all the kids in the schools. Over 80 cases were reported in two years. The investigator was also the perpetrator. She remains haunted by the experience, noting several committed suicide, some ended up in jail, and others in alcohol treatment programs. She hoped that the pattern could be changed and asked members to support Erin's Law and HB 233. 9:00:27 AM ALISON CURRY, Regional Field Organizer, Planned Parenthood Votes Northwest, Planned Parenthood, stated support for HB 233, paraphrasing from a prepared statement, which read: As a health care provider and sex educator, we at Planned Parenthood know that healthy sexuality education is an integral part of violence prevention. The more information a student or teacher has about sexual violence, the more likely they are to identify sexual abuse or assault when it occurs. Teachers need the skills to recognize victims of abuse, and students need tools of their own to evaluate potential risks for sexual violence in their relationships. Discussing sexuality can also make those experiencing sexual abuse or assault feel more comfortable about speaking up and getting help. With programmatic training, teachers can also be better equipped to offer their support and resources to students in need. Additionally, we strongly believe that sexual violence prevention efforts should take the extra step beyond discussions of abuse and assault, and explain what safe, consensual and respectful relationships look like. Evidence-based curricula in this area are essential to teaching students and educators the differences between healthy and unhealthy sexual behaviors. Eradicating something as culturally pervasive as sexual violence starts with dialogue and awareness. [This bill] HB 233 takes a great first step by educating both students and teachers about the warning signs of sexual abuse and assault. I urge you all to support this bill. 9:02:12 AM CHAIR GATTIS closed public testimony on HB 233. 9:02:24 AM REPRESENTATIVE SEATON offered his belief that everyone knows this is a problem. He related when children know it's appropriate to speak out and not be silent, the state will be on a good path towards prevention. It could also send the message to the community that victims won't be silent which could further cut down on sexual abuse. He stated support for HB 233. CHAIR GATTIS remarked that some of the acting out in schools can now be identified as a possible symptom. She pointed out that this goes hand in hand with the "Choose Respect" that is currently being celebrated in Alaska. REPRESENTATIVE P. WILSON expressed excitement that this may be a means for helping Alaska be a leader. REPRESENTATIVE LEDOUX expressed support for HB 233. She said this is important. She agreed that children are not taught how to handle the situation and that abuse may often come from family or friends. REPRESENTATIVE KITO III stated support for HB 233. REPRESENTATIVE REINBOLD stated support for HB 233 and expressed concern for protection to anyone who speaks out. 9:07:31 AM REPRESENTATIVE REINBOLD moved to report HB 233 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 233 was reported from the House Education Standing Committee. 9:07:53 AM The committee took an at-ease from 9:07 a.m. to 9:15 a.m.