After passing in the Senate and the House, Senate Bill 1018, was presented on Wednesday to Governor Josh Shapiro and awaits his signature.
SB1018, sponsored by Senator Timothy P. Kearney (D-Delaware County), is an Act amending Title 2 (Administrative Law and Procedure) of the Pennsylvania Consolidated Statutes, in practice and procedure, providing for child victims and witnesses.
State Rep Tina Davis at Petition Drive last Saturday
State Representative Tina Davis, who was happy to vote and support the bill, said, “This bill, when enacted, will do something that I have long advocated for – protect our children. SB 1018 would extend the protections provided to child witnesses. This would occur during both civil and criminal proceedings to administrative proceedings and hearings before the Department of Human Services.
Kearney introduced the legislation through his Bill Memorandum titled Protecting Child Victims and Witnesses in Agency Administrative Proceedings, stating the need to ensure uniform protection of victims of child abuse in Pennsylvania.
Kearney told of an example that occurred in his district and showed why this reform is needed:
“After a 7-year old child indicated sexual abuse to health and social, the Department of Human Services charged the father with sexual abuse. The father immediately appealed the decision and, acting as his own attorney, was allowed to cross-examine his abused son. The Bureau of Hearings and Appeals did not allow the child’s mother or a child advocate in the hearing while the 7-year old child was questioned by his alleged abuser.”
The bill calls for for example a parent, guardian, attorney, court-appointed special advocate, or other person acting on behalf of the child would be able to petition the agency to provide a child advocate and consider alternative recording of testimony that would ensure that a child victim would not have to address an abuser.