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