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PRINTER'S NO. 1439
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
980
Session of
2019
INTRODUCED BY KEARNEY, PHILLIPS-HILL, SANTARSIERO, BROWNE,
KILLION, FONTANA, HUGHES, BREWSTER, COSTA, MUTH AND FARNESE,
DECEMBER 18, 2019
REFERRED TO HEALTH AND HUMAN SERVICES, DECEMBER 18, 2019
AN ACT
Amending Title 2 (Administrative Law and Procedure) of the
Pennsylvania Consolidated Statutes, 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)
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(relating to definitions).
"Department." The Department of Human Services of the
Commonwealth.
"Sexual abuse or exploitation." As defined in 23 Pa.C.S. §
6303.
§ 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, whenever 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 or sexual abuse.
§ 593. Alternative method of testimony.
(a) Applicability.--In a proceeding before the department,
the provisions of 42 Pa.C.S. Ch. 59 Subch. D (relating to child
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victims and witnesses) shall apply if all of the following
apply:
(1) A child is the subject of a report of substantiated
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) 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, which the department shall approve
or deny. The petition may be made by:
(1) A parent.
(2) A guardian.
(3) A court-appointed special advocate.
(4) A court-appointed attorney representing the child in
any other matter.
(5) Any other individual in loco parentis to the child.
Section 2. This act shall take effect in 60 days.
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