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Senate circles child interview bill after parents raise access and privacy concerns

Utah State Senate · March 4, 2014
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Summary

First substitute SB88, which clarifies access to Children’s Justice Center interview recordings and creates a judicial petition route for parents to view recordings on good cause, was circled after senators expressed concerns that the bill still imposed hurdles for parents not under suspicion.

Senators circled first substitute Senate Bill 88 after extended floor discussion about parental access to recordings made at Children's Justice Centers.

Sponsor Senator Okerlund presented SB88 as a clarifying measure: it authorizes additional officials (administrative law judges, Department of Human Services investigators, prosecutors and certain investigators) access to recorded interviews and explicitly allows a parent or guardian to petition a juvenile or district court for an order permitting review of a recording or transcript upon a showing of good cause.

Several senators voiced concern that the bill, as drafted, would require parents who are not suspected perpetrators to petition a judge before seeing recordings of their own child's interview. Senator Madsen and others said parents are often traumatized and that the procedure could re-victimize families; they urged the sponsor to work further with the attorney general's office and parent groups to remove barriers while still protecting the child's rights and preserving evidence.

Senator Christensen cautioned that many children in these cases are separated from parents for their protection and that unrestricted access could interfere with evidence or the interview process. Senator Harper and Senator Reid asked clarifying questions about whether alleged perpetrators would be restricted from access (the sponsor confirmed those restrictions would remain) and whether parents not under suspicion could be given easier access without judicial authorization.

The sponsor said negotiations had occurred with the attorney general and parent groups and that SB88 represents progress from the prior law (which the sponsor said did not provide a petition route for parents at all). The sponsor agreed to 'circle' the bill and reengage stakeholders to craft language that better balances parental access with evidence protection.

Action: Motion to circle SB88 carried; the bill was circled for further work rather than advanced to a final vote.

End of coverage: Bill circled for negotiation with Attorney General's Office and parent groups.