HB 3451 -- RECORDINGS OF INTERVIEWS REGARDING CHILD ABUSE OR NEGLECT

SPONSOR: Seitz

COMMITTEE ACTION: Voted "Do Pass" by the Standing Committee on Children and Families by a vote of 11 to 0.

This bill requires any face-to-face interview for the purposes of an assessment of alleged child abuse or neglect by the Department of Social Services be recorded either by audio or video. All recordings must be securely stored and only software or applications approved by the Department will be used to generate the recordings.

A person who is charged with alleged child abuse or neglect will be unable to sustain a motion or have standing objecting to any failure by the Department to comply with the requirements of this bill. Failure by the Department to comply cannot be the sole grounds to preclude statements made by a child during the interview that would be otherwise admissible in a criminal or civil proceeding.

Any recording must be retained and stored for no less than five years. Copies of any recordings can be issued only to those investigating an allegation or prosecuting an offense relating to an allegation, or upon request by a caregiver or guardian unless the court orders otherwise.

PROPONENTS: Supporters say that these interviews gather comprehensive information dealing with abuse. Not all interviewers have the same skill, expertise, or experience. This would preserve evidence and reduce trauma for the child. Recordings can be done easily with today's technology and there is no excuse to not do this.

Testifying in person for the bill were Representative Seitz; Street Grace; and Arnie Dienoff.

OPPONENTS: There was no opposition voiced to the committee.

Written testimony has been submitted for this bill. The full written testimony and witnesses testifying online can be found under Testimony on the bill page on the House website.

Statutes affected:
Introduced (7426H.01): 210.141