Bill Summary for Bill Number SB10-066

Date: 03/22/2010

Final
BILL SUMMARY for SB10-066

HOUSE COMMITTEE ON JUDICIARY

Votes: View-->	Action Taken:
Adopt prepared amendment L.005 (Attachment R). Th Refer Senate Bill 10-066, as amended, to the Commi	Pass Without Objection PASS

05:17 PM -- Senate Bill 10-066

Representative Levy, sponsor, presented Senate Bill 10-066 concerning the requirement that certain persons report child abuse or neglect. She distributed prepared amendment L.005 (Attachment R). Under current law, a mandatory reporter must report suspected child abuse and neglect even if the child is no longer a minor. The reengrossed bill removes this requirement if the mandatory reporter:

• does not learn of the abuse or neglect until after the child is over the age of 18; and
• does not have reasonable cause to suspect that the perpetrator has abused or neglected any other children who are currently below the age of 18 years old.

05:21 PM -- Erin Jemison and Jennifer Eyl, Colorado Coaltion Against Sexual Assault, spoke in support of the bill. Ms. Jemison provided information about the work of the coalition with regard to support services for victims of sexual assault. She testified to the need for the bill. She expressed her concern that the law around mandatory reporting of abuse is ambiguous when the victim is an adult and cases are not handled consistently because different professionals interpret the law differently. She stated that the bill provides clear guidelines for statewide sexual assault victim service providers.

05:28 PM

The committee discussed mandatory reporting requirements and the treatment of victims of child abuse or neglect.

05:36 PM -- Jean Greenberg, representing Sarah Lincoln, spoke in support of the bill. Ms. Greenberg read a statement from Ms. Lincoln, who is a psychotherapist working with families who have experienced abuse.

05:41 PM -- Lynn Tolson, representing herself, spoke in support of the bill. Ms. Tolson related details of her experience as a victim of child abuse and incest. She discussed the time it took her to reveal the details of her experience to a therapist. She stated her belief that she would not have recovered if she thought her therapist would report the identity of her abusers to any law enforcement authorities. She asked for support of the bill, which would clarify the law.

05:47 PM -- Anne Guarnera, WINGS Foundation, spoke in support of the bill. Ms. Guarnera explained the mission statement of the WINGS Foundation with regard to providing support for victims of abuse. She discussed a survey she did of her clients concerning their opinions about mandatory reporting of abuse. A large majority indicated that they would be unwilling to discuss their abuse if they believed it would be reported. Ms. Guarnera responded to questions from the committee.

05:54 PM -- Dr. Marguerite Stewart, Denver Psychoanalytic Society, spoke in support of the bill. Dr. Stewart is a psychotherapist who deals with victims of abuse and neglect. She discussed the importance of treatment and therapy, specifically the need for trust between a psychotherapist and his or her patient.

06:01 PM -- Dr. Fred Mimmack, representing himself, spoke in support of the bill. Dr. Mimmack discussed his clinical experience treating victims of childhood sexual assault. He spoke to the various disorders that are common to such victims.

06:05 PM -- Sarah Sowter, representing herself, spoke in support of the bill. Ms. Sowter talked about the ambiguity of current law with regard to mandatory reporting. She indicated that such a mandatory requirement hinders effective communication, advocacy, treatment, and support of victims. Some victims do not want to report abuse out of concern for personal safety and that of their families. Ms. Sowter discussed situations in which reporting the identity of an alleged abuser is absolutely appropriate and talked about situations in which it is not necessary. She stated that the bill does not seek to lower accountability of mandatory reporters.

06:10 PM -- Diana Goldberg, representing the Sungate Kids Childhood Advocacy Center and the Colorado Children's Alliance, took a neutral position on the bill. Ms. Goldberg agrees that current law is ambiguous and needs clarification. She also stated her opinion that it is crucial to report alleged abusers to law enforcement and social services organizations. She took exception to the idea that every disclosure of abuse leads to a traumatic experience for the victim. In her opinion, law enforcement officers are well-equipped to make decisions about investigating child abuse.

06:15 PM -- Maureen Cain, representing herself, spoke in support of the bill. Ms. Cain discussed her experience as an attorney representing victims of child abuse. She talked about confusion around the mandatory reporting requirement in current law. She spoke to case law on the idea of a person of trust, which is addressed by amendment L.005 (Attachment R). Ms. Cain responded to questions from the committee.

06:21 PM -- Dr. Skip Barber, Colorado Association of Family and Children's Agencies, spoke in support of the bill. Dr. Barber supports amendment L.005 because he believes the Senate went too far in amending the bill. He responded to questions from the committee.

06:28 PM -- Pat Ratliff, Colorado Counties, Inc., testified about the bill. Ms. Ratliff indicated that the county commissioners support the bill with the addition of amendment L.005. She talked about the public safety issues that may arise when abuse is not reported.

06:30 PM -- Ted Tow, CDAC, spoke in support of the bill and amendment L.005. Mr. Tow agreed with prior witnesses that current law lacks clarity with regard to mandatory reporting. He stressed that, unless there is a reason to suspect that a child has been or is being abused, the prosecuting authority does not have a duty to investigate. Mr. Tow responded to questions from the committee.


BILL:	SB10-066
TIME:	06:43:54 PM
MOVED:	Levy
MOTION:	Adopt prepared amendment L.005 (Attachment R). The motion passed without objection.
SECONDED:	Gardner B.
		VOTE
	Court
	Gardner B.
	Kagan
	King S.
	Miklosi
	Nikkel
	Pace
	Ryden
	Waller
	McCann
	Levy

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB10-066
TIME:	06:43:25 PM
MOVED:	Levy
MOTION:	Refer Senate Bill 10-066, as amended, to the Committee of the Whole with a favorable recommendation. The motion passed on a vote of 11-0.
SECONDED:	Court
		VOTE
	Court	Yes
	Gardner B.	Yes
	Kagan	Yes
	King S.	Yes
	Miklosi	Yes
	Nikkel	Yes
	Pace	Yes
	Ryden	Yes
	Waller	Yes
	McCann	Yes
	Levy	Yes

Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS