On June 10, 2024, Pennsylvania Governor Josh Shapiro signed Senate Bill 1018, making it Act 23 of 2024 (the “Act”). The Act will increase protections for child victims and witnesses in agency administrative proceedings.
Senator Timothy P. Kearney sponsored Act 23, stating that it will “fix a serious oversight in our state agency administrative procedure that allows child abusers to confront and cross-examine their victims.”
Below, we review the new legislation and how it will change administrative procedures for various legal practice areas to better protect child victims and witnesses.
A Need For Reform
In his memorandum, Senator Timothy P. Kearney shared a “glaring example” of the need for the Act. In his senate district, a seven (7) year old child indicated signs of sexual abuse, and the father was charged. The father represented himself and appealed the decision. The father was able to cross-examine the abused-child. Neither the child’s mother nor advocate were permitted to attend the hearing during the cross-examination.
Senator Kearney wrote that “we already have protections for children involved in civil and criminal proceedings,” and emphasized that similar protections are necessary for Pennsylvania agency administrative hearings.
What Does the Act Change?
Importantly, the Act allows a parent, guardian, attorney, court-appointed special advocate, or other person acting on behalf of a child to petition the agency to provide a child advocate and consider alternative recording of testimony that ensures the alleged-abuser cannot address the child victim.
“This legislation would ensure that the same processes that work in our courts to both ensure due process and also protect children from harm and distress are applied to state administrative proceedings.” Wrote Senator Timothy P. Kearney.
Amendment to Administrative Law and Procedure
The Act will add a subchapter to Chapter 5 of Title 2 of the Pennsylvania Consolidated Statutes and provide the following protections for child witnesses:
Rights and Services
The Act permits a designated person to provide services to a child witness when it is necessary to protect and promote the best interests of the child.
The services may include explaining the legal proceedings to the child, advising the Department of Human Services (the “Department”) of the child’s ability to understand and cooperate, and assisting the child and their family in coping with the emotional impact of the proceedings.
Designated Persons
To qualify as a designated person under the Act, an individual must be an attorney or otherwise possess education, experience, or training in counseling for victims of child abuse, sexual abuse, or exploitation.
Alternative Methods
The Act permits an alternative method of testimony when (1) the child is the subject or material witness to a substantiated report of child or sexual abuse, and (2) the alternative method is necessary to protect and promote the best interests of the child.
An alternative method is a procedural accommodation that will aid the child in providing testimony, such as allowing the child to access an emotional support person, animal, or object.
Petition
The Department will also create a form so that a parent, guardian, court-appointed special advocate, attorney, or an individual in loco parentis may petition, on behalf of the child, to invoke the Act’s provisions.
Effective Date
The Act takes effect in sixty (60) days on August 9, 2024.
Impact on Various Legal Practice Areas
The Act will impact clients in various legal practice areas, including, but not limited to, Adoption, Education, Family Law and Investigations and Compliance Services. KingSpry is prepared to assist individuals involved in state agency administrative proceedings to ensure child victims and witnesses receive the protections afforded under the Act.
