Pennsylvania Act 2024-23 — ADMINISTRATIVE LAW AND PROCEDURE (2 PA.C.S.) - CHILD VICTIMS AND WITNESSES

Act text

Session of 2024

No. 2024-23

SB 1018

AN ACT

Amending Title 2 (Administrative Law and Procedure) of the Pennsylvania Consolidated Statutes, in practice and procedure, providing for child victims and witnesses.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Chapter 5 of Title 2 of the Pennsylvania Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER E

CHILD VICTIMS AND WITNESSES

Sec.

591. Definitions.

592. Rights and services.

593. Alternative method of testimony.

§ 591. Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Child abuse." As defined in 23 Pa.C.S. § 6303(b.1) (relating to definitions).

"Department." The Department of Human Services of the Commonwealth.

"Sexual abuse or exploitation." As defined in 23 Pa.C.S. § 6303(a).

§ 592. Rights and services.

(a) Designation of persons to act on behalf of children.--When necessary to protect and promote the best interests of child witnesses, the department may designate one or more persons as a child advocate to accompany and provide the following services on behalf of children who are involved in proceedings before the department as material witnesses:

(1) To explain, in language understood by the child, all legal proceedings in which the child will be involved.

(2) To advise the department, when appropriate, of the child's ability to understand and cooperate with any proceedings.

(3) To assist or secure assistance for the child and the child's family in coping with the emotional impact of the proceedings in which the child is involved.

(b) Qualifications.--Persons designated under subsection (a) may be attorneys at law or other persons who, by virtue of service as rape crisis or domestic violence counselors or by virtue of membership in a community service organization or of other experience acceptable to the department, possess education, experience or training in counseling for victims of child abuse or sexual abuse or exploitation.

§ 593. Alternative method of testimony.

(a) Applicability.--In a proceeding before the department, an alternative method of testimony shall be utilized if both of the following apply:

(1) A child is the subject or material witness to a substantiated report of child abuse or sexual abuse or exploitation by a party to a proceeding under this chapter.

(2) An alternative method of testimony is necessary to protect and promote the best interests of the child.

(b) Due process rights.--Nothing in this section is intended to deprive a party to the proceeding of the party's due process rights.

(c) Petition.--A petition on a form developed by the department to utilize the provisions of this section may be made on behalf of the child. The department shall approve or deny the petition. The petition may be made by:

(1) A parent.

(2) A guardian.

(3) A court-appointed special advocate.

(4) An attorney representing the department or a county agency in the proceeding in which the child will testify.

(5) A court-appointed attorney representing the child in any other matter.

(6) Any other individual in loco parentis to the child.

(d) Definition.--For purposes of this section, the term "alternative method of testimony" shall mean a procedural accommodation that will aid a child in providing testimony in a proceeding before the department. The accommodation may include, but not be limited to:

(1) Allowing the child access to a person, animal or object to provide emotional support or mitigate emotional trauma to the child during the proceeding.

(2) A contemporaneous alternative method of testimony as defined in 42 Pa.C.S. § 5982 (relating to definitions).

(3) Other nontraditional methods of taking testimony as necessary to provide emotional support or mitigate emotional trauma to the child.

Section 2. This act shall take effect in 60 days.

APPROVED--The 10th day of June, A.D. 2024.

JOSH SHAPIRO