Bills benefit Child Advocates’ work

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June 18, 2009

From Staff Reports The Corsicana Daily Sun Thu Jun 18, 2009, 06:53 PM CDT

The recently completed Texas legislative session marked a success for the teams of professionals that come together each day at Child Advocates of Navarro County, the children’s advocacy center serving Navarro County, to investigate and prosecute crimes against children and provide healing to these most vulnerable victims. With two bills on the Governor’s desk that directly address the important challenges faced in this field, as well as an increase in legislative dollars to help provide these critical intervention services, there is much to be grateful for in the wake of the 81st Session. Each of these initiatives directly addresses the reality that our justice system is designed by adults, for adults, and frequently fails to recognize the unique needs of child victims.

The first, House Bill 2236 (Moody/Hinojosa), concerns a child victim’s right to a speedy trial and asks that the judge, at the request of the prosecuting attorney, consider the impact on the child if a defendant requests multiple, unjustifiable continuances. It also asks that the judge state the specific reason for a granted continuance on the record, again at the prosecuting attorney’s request.

In Texas there are instances of child abuse cases not going to trial for as long as six years. Such delays can greatly slow healing and make victims and their families even more reluctant to take part in the intimidating justice process. Delays can deny justice to both the defendant and the victim, given that the victim’s memory of specific details of the alleged abuse may fade over time. This can be particularly problematic in sexual abuse cases because the victim is generally the only “witness” and concrete physical evidence may be lacking, making the child’s recollection of the details of the abuse critical. With the passage of HB 2236, Texas will join 27 other states that have similar statues in place.

The second, House Bill 3751 (Gallego/Shapiro), prohibits the defendant from unsupervised direct contact with the alleged victim as a condition of bond. It also allows the denial of bail pending trial to a defendant who violates these conditions.

Texas Senator Florence Shapiro, backer of both bills, calls for ongoing vigilance in the battle against child abuse.

“So often (children) get lost in the shuffle of an adult world ... (these bills) will help expedite the legal process for cases involving abused children, so that they do not have to relive — again and again — the atrocities done to them,” Shapiro said. “Through protection and expediency, they can achieve both justice and healing, and begin to take back their lives.”

The state budget also includes an additional $2 million annually for CACs across Texas. Over the last decade Texas CACs have continued to see a constant increase in the number of new child abuse cases reported and investigated each year. These additional dollars will enable Navarro County Children’s Advocacy Center, Inc. to serve more children, see that offenders are punished, and restore healing to more victims and families. These state dollars will then be matched with money raised at the local level to support the operation of the center and its services to abused children.

“Our community has embraced this child-focused approach to investigating and prosecuting child abuse cases and meeting the unique needs of child victims and their families. They continue to support the concept with their hearts and their dollars,” said Kimberly Martinez, Executive Director of Child Advocates of Navarro County.

In the past year, the 63 children’s advocacy centers in Texas assisted more than 40,000 children, with a range of services including forensic interviews, medical exams and mental health services, trial preparation, court accompaniment, referral to social service agencies and ongoing victim advocacy services. Last year over half of the children receiving services at a Texas CAC were under the age of 13. Over 75 percent were involved sexual abuse cases.

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On the Net:

www.txabusehotline.org

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