Commonwealth of Pennsylvania House of Representatives
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COMMONWEALTH OF PENNSYLVANIA HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE HEARING STATE CAPITOL HARRISBURG, PA IRVIS OFFICE BUILDING ROOM G-50 TUESDAY, JULY 17, 2012 10:30 A.M. PRESENTATION ON HB 1739 CHILD ABUSE MULTIDISCIPLINARY RESPONSE ACCOUNT BEFORE: HONORABLE RON MARSICO, MAJORITY CHAIRMAN HONORABLE TOM C. CREIGHTON HONORABLE BRYAN CUTLER HONORABLE SHERYL M. DELOZIER HONORABLE BRIAN L. ELLIS HONORABLE KEITH GILLESPIE HONORABLE GLEN R. GRELL HONORABLE MARK K. KELLER HONORABLE TODD ROCK HONORABLE TODD STEPHENS HONORABLE TARAH TOOHIL HONORABLE THOMAS R. CALTAGIRONE, DEMOCRATIC CHAIRMAN HONORABLE JOHN P. SABATINA, JR. HONORABLE RONALD G. WATERS ALSO IN ATTENDANCE: HONORABLE JULIE HARHART * * * * * Pennsylvania House of Representatives Commonwealth of Pennsylvania 2 1 COMMITTEE STAFF PRESENT: THOMAS W. DYMEK 2 MAJORITY EXECUTIVE DIRECTOR KAREN DALTON 3 MAJORITY SENIOR LEGAL COUNSEL MICHELLE R. MOORE 4 MAJORITY LEGISLATIVE ADMINISTRATIVE ASSISTANT MICHAEL A. FINK 5 MAJORITY RESEARCH ANALYST LINDA E. HOUSEHOLDER 6 MAJORITY LEGISLATIVE SECRETARY FOR RESEARCH 7 VINCENT KURT BELLMAN 8 DEMOCRATIC RESEARCH ANALYST KATRINA COWART 9 DEMOCRATIC COMMITTEE INTERN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 I N D E X 2 TESTIFIERS 3 * * * 4 NAME PAGE 5 REPRESENTATIVE JULIE HARHART PRIME SPONSOR OF HB 1739.............................8 6 ABBIE NEWMAN, R.N., J.D. 7 EXECUTIVE DIRECTOR, MISSION KIDS CHILD ADVOCACY CENTER OF MONTGOMERY COUNTY; 8 PRESIDENT, PA CHAPTER OF CHILD ADVOCACY CENTERS AND MULTIDISCIPLINARY TEAMS................ 13 9 CHARLES LAPUTKA, ESQ. 10 BOARD PRESIDENT AND EXECUTIVE DIRECTOR, CHILD ADVOCACY CENTER OF LEHIGH COUNTY..............19 11 THERESA RENTKO 12 CHILD/FORENSIC INTERVIEW SPECIALIST, CHILD ADVOCACY CENTER OF LEHIGH COUNTY..............30 13 JOHN D. VAN BRAKLE, M.D. 14 CHAIRMAN, DEPARTMENT OF PEDIATRICS, LEHIGH VALLEY HEALTH NETWORK........................34 15 SEÁN M. McCORMACK 16 CHIEF DEPUTY DISTRICT ATTORNEY, DAUPHIN COUNTY......................................42 17 CHRIS KIRCHNER, M.S.W. 18 EXECUTIVE DIRECTOR, PHILADELPHIA CHILDREN'S ALLIANCE AND THE NORTHEAST REGIONAL 19 CHILDREN'S ADVOCACY CENTER..........................63 20 FRANK P. CERVONE, ESQ. EXECUTIVE DIRECTOR, 21 SUPPORT CENTER FOR CHILD ADVOCATES..................71 22 23 24 25 4 1 SUBMITTED WRITTEN TESTIMONY 2 (see "HANDOUT") 3 * * * 4 CHARLES R. SONGER, JR. EXECUTIVE DIRECTOR, 5 PA CHILDREN AND YOUTH ADMINISTRATORS, INC. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 P R O C E E D I N G S 2 * * * 3 MAJORITY CHAIRMAN MARSICO: Well, good morning, 4 everyone. Welcome to the Judiciary Committee hearing, and I 5 appreciate all of you being here and the Members. 6 I'm going to make several welcoming remarks. Before 7 I do that, though, I want to ask the Members to introduce 8 themselves and tell us what area of the State you represent, 9 starting on my left. 10 REPRESENTATIVE ROCK: Good morning, everyone. 11 Todd Rock, Franklin County. 12 MAJORITY CHAIRMAN MARSICO: Let's go down over 13 there. 14 REPRESENTATIVE CUTLER: Good morning. 15 Bryan Cutler, southern Lancaster County, 100th 16 District. 17 REPRESENTATIVE KELLER: Good morning. 18 Mark Keller, 86th District, which is all of Perry 19 and part of Franklin County. 20 REPRESENTATIVE ELLIS: Brian Ellis, 11th District, 21 Butler County. 22 REPRESENTATIVE GRELL: Good morning. 23 Glen Grell, 87th District, Cumberland County. 24 REPRESENTATIVE HARHART: Julie Harhart, 183d, Lehigh 25 and Northampton Counties. 6 1 REPRESENTATIVE STEPHENS: Todd Stephens, 151st, 2 Montgomery County. 3 REPRESENTATIVE DELOZIER: Sheryl Delozier, 4 Cumberland County, 88th District. 5 REPRESENTATIVE TOOHIL: Good morning. 6 Tarah Toohil, 116th, Luzerne County -- southern 7 Luzerne County. 8 MINORITY CHAIRMAN CALTAGIRONE: Tom Caltagirone, 9 Berks County, 127th. 10 REPRESENTATIVE MARSICO: Ron Marsico, Dauphin 11 County, 105th Legislative District. 12 Karen. 13 MS. DALTON: Karen Dalton, counsel to the Judiciary 14 Committee, Representative Ronald Marsico, Chairman. 15 REPRESENTATIVE MARSICO: Once again, thank you for 16 being here, and welcome. We're going to be discussing HB 1739 17 and the Marsico amendment to the bill. 18 HB 1739 is Representative Julie Harhart's bill, and 19 by the way, as many of you know, she's been working very long 20 and hard with this bill for a number of legislative sessions, 21 and I just want to commend her for her leadership and her 22 persistence with this legislation. And I have got to say that, 23 because she has been very persistent, not just with this Chair 24 but this Chair and other Chairs and leaders. So we commend 25 you, Julie, and we're certainly pleased to have a hearing on 7 1 this bill. 2 Her bill creates a funding stream at the 3 Commonwealth level for children's advocacy centers. The House 4 Judiciary Committee took a tour of the Children's Advocacy 5 Center of Lehigh County in May, and I am pleased to continue 6 the dialogue with Members of the committee and the staff of 7 Lehigh County's Children's Center, who will present testimony 8 here today, and we welcome new voices to the conversation. 9 As introduced, the bill creates the Child Abuse 10 Multidisciplinary Response Account in the State Treasury. 11 Money in the account would be generated by an additional fee on 12 certain court filings. My amendment proposes an alternative 13 way to create a fund dedicated to helping children's centers, 14 and the amendment would add a $10 fee to child abuse background 15 checks for those who seek to work in a school or a daycare 16 setting and those that work with children. 17 Consistent with current law, the fee would not apply 18 to persons who seek child abuse background clearances from the 19 Department of Public Welfare in order to become foster parents 20 or adoptive parents or to volunteer with rape crisis centers or 21 domestic violence shelters or with Big Sisters or Big Brothers 22 of America. 23 My intention is to create a link between the money 24 being raised and the children we seek to help. This seemed the 25 best way, but I'm open to hearing other points of view. Of 8 1 course, Representative Harhart is the same with that. 2 According to our internal estimates, this amendment 3 would raise about $4 million a year, which is an amount far 4 greater than our internal estimate of the money generated by 5 HB 1739 as currently written. 6 Just before I turn this over, I just want to make 7 some housekeeping remarks as well. The committee asked 8 Secretary Alexander to or another person to testify on behalf 9 of the Department of Public Welfare. The Secretary has 10 respectfully declined, as he wants the Task Force on Child 11 Protection to issue its report and recommendations regarding 12 amendments to the Child Protective Services Law before taking a 13 position on legislation dealing with abused children. The 14 committee understands and respects the Secretary's position. 15 Additionally, the committee will keep the record 16 open only to receive written comments at a later point. 17 With that, now I recognize Representative Harhart 18 for opening remarks. Representative Harhart. 19 REPRESENTATIVE HARHART: Before I begin, I, too, 20 want to thank Chairman Marsico for holding this public hearing 21 on HB 1739, which, you know, it's a bill to establish a funding 22 mechanism for children's advocacy centers in Pennsylvania. 23 In May, the House Judiciary Committee toured the 24 child advocacy center in my home county of Lehigh. Some of the 25 professionals from the Lehigh County Children's Advocacy Center 9 1 are here today, and I want to welcome you and am interested in 2 listening to your testimonies. 3 I also thank Mr. Chairman and the Members of the 4 House Judiciary Committee for your hard work on this issue, and 5 I want to thank the witnesses that will testify today for their 6 commitment to and work on behalf of the Commonwealth's 7 children. We all owe them a debt that cannot be repaid. 8 What is a child advocacy center? Essentially, a 9 child advocacy center is a vocal point for the delivery of 10 medical care and mental health treatment to child victims of 11 physical and sexual abuse. It's a one-stop shop for the 12 tiniest victims of crime. A child advocacy center brings 13 together doctors, nurses, prosecutors, social workers, and 14 police in order to provide a unique and essential program of 15 treatment and healing. 16 The multidisciplinary approach gives these wounded 17 children the best chance to recover and also provides the most 18 effective way to bring predators to justice. 19 The children's advocacy center utilizes techniques 20 which not only minimize the trauma of a child who must tell a 21 heartbreaking story of abuse but also employs strategies to 22 increase the odds of gaining convictions. 23 Approximately five children a day die in the United 24 States as a result of abuse. More than three out of four of 25 those children are under the age of four. 10 1 Ninety percent of the victims of child sexual abuse 2 know their predators. Sixty percent are molested by a family 3 member. Sadly, Pennsylvania is not immune. 4 According to the reports published by the Department 5 of Public Welfare, 33 children died at the hands of a predator 6 as the result of abuse in 2010, and 34 children died as a 7 result of abuse in 2011. And as you know, it is impossible to 8 quantify the human cost of a child's victimization.