SB 603: Children’s advocacy centers: recordings.

Existing law authorizes a county to use a childrens advocacy center to implement a coordinated multidisciplinary response, as specified, to investigate reports involving child physical or sexual abuse, exploitation, or maltreatment. Existing law requires a county that utilizes a child advocacy center for these purposes to meet specified standards, including, among other things, that the childrens advocacy center must verify that interviews conducted in the course of investigations are conducted in a forensically sound manner and occur in a child-focused setting designed to provide a safe, comfortable, and dedicated place for children and families.

This bill would require the childrens advocacy center or other identified multidisciplinary team member custodian to ensure that all recordings of child forensic interviews be released only in response to a court order. The bill would require the court to issue a protective order as part of the release, unless the court finds good cause that disclosure of the interview should not be subject to such an order. Notwithstanding that provision, the bill would require the childrens advocacy center or other identified multidisciplinary team member custodian to release a recording, upon request, to specified parties, including, among others, law enforcement agencies authorized to investigate child abuse. The bill would authorize the child advocacy center to use the recording for training, among other things. The bill would also prohibit the recording from becoming a public record in any legal proceeding, and would require the court to order the recording be sealed and preserved at the conclusion of a criminal proceeding.

Existing law requires a multidisciplinary team associated with the childrens advocacy center to consist of a representative of the childrens advocacy center and at least one representative from specified disciplines, including, among others, child protective services.

This bill would include, in the case of an Indian child, a representative from the childs tribe, including, but not limited to, a tribal social worker, tribal social services director, or tribal mental health professional, as part of the multidisciplinary team.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.