Kearney looks to close loophole on child victim testimony

State Sen. Tim Kearney, D-26 of Swarthmore, has announced plans to introduce legislation that would fix a loophole allowing accused child abusers to cross-examine their victims in state agency administrative proceedings.

“A child’s welfare should be our paramount priority,” Kearney said in a release. “Suffering sexual abuse is traumatic enough, and there are already so many roadblocks preventing victims from getting the help they need. A state agency should be the last place adding to that burden. This bill will safeguard Pennsylvania’s children by protecting them from further trauma at the hands of their abuser.”

State Sen. Tom Killion, R-9 of Middletown, has also signed on to the proposed legislation.

While current law allows alleged victims to provide testimony through closed-circuit television or other alternative means if testifying in front of the defendant or in an open court would cause emotional distress, Kearney said those same protections do not extend to administrative proceedings held by state agencies.

Under the proposed legislation, a parent, attorney 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 a child’s testimony.

Kearney said he was spurred to action after hearing the account of a 7-year-old child who reported being sexually abused by his father. The Pennsylvania Department of Human Services charged the father with abuse, but the father appealed the decision and, acting as his own attorney, was allowed to cross-examine his child, according to the release. The Department’s 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 release says.

“We have serious concerns about the legal rights and emotional experiences of children who are involved in these proceedings,” said Frank Cervone, executive director of Support Center for Child Advocates, in the release. “These children are called to testify and even be cross-examined by their alleged perpetrators without the benefit of legal representation or victim advocacy supports. We believe the law should be reformed to protect the children.”