DELAWARE COUNTY, PA – September 26, 2024 – Senator Tim Kearney (D–Delaware) today hosted a press conference alongside Delaware County District Attorney Jack Stollsteimer and local child safety advocates to celebrate the recent passage of Act 23, landmark legislation aimed at protecting child victims and witnesses during Pennsylvania Department of Human Services’ (DHS) administrative hearings. The event, held at CASA Youth Advocates in Media, PA, marked a significant legislative win for child protection efforts across the Commonwealth.
“This legislation is a major step forward in ensuring the safety of our children during legal proceedings,” said Senator Kearney. Act 23 closes a critical gap in the system by extending protections to children during the DHS administrative hearings, where they were previously vulnerable to further trauma. This achievement is a testament to the hard work of advocates and the urgency of the Auditor General’s findings in 2021, which revealed a serious need for reform.”
The push to pass this gained momentum after Auditor General Eugene DePasquale published a 2021 report detailing almost 2,000 appeals of substantiated child abuse findings made annually. His report highlighted the lack of proper training for hearing officers and the failure to implement best practices to protect children from trauma during these hearings. Backed by De Pasquale’s findings, Senator Kearney and other child advocates pressed for legislative change, culminating in the passage of Act 23.
Delaware County District Attorney Jack Stollsteimer praised the law, stating, “We are all acutely aware of the trauma that legal proceedings can inflict on young people, and from my first day as District Attorney, I have dedicated time and resources to improving how my office approaches children. Act 23 closes a significant gap in our system and demonstrates our commitment to strengthening protections for our most vulnerable residents.”
Act 23 now provides children in DHS administrative hearings with the same protections afforded in criminal and civil court, including the ability to testify remotely or via recorded statements. The law will also require procedural updates at the Department of Human Services to ensure child witnesses are no longer forced to face their abusers directly, as happened in a case from 2019 that inspired Senator Kearney to draft this legislation.
Cathleen Palm, Director of the Center for Children’s Justice, and a survivor of childhood sexual assault, highlighted the importance of the new law, reflecting on the tragic case of Grace Packer. “After the brutal murder of 14-year-old Grace Packer, concerns were raised about Pennsylvania’s child abuse hearings and appeals. As a result of Act 23, child witnesses will finally be safeguarded and encounter trauma-informed practices. Act 23 won’t bring Grace back, but it lives up to the challenge her younger brother issued to every adult: ‘watch out for all the kids.’”
Sarah Gibbons, Executive Director of Family Support Line, added, “Children’s Advocacy Centers (CACs) are vital because they provide a safe, child-friendly environment for children navigating legal processes. Act 23 ensures that all children, regardless of where they live in Pennsylvania or the nature of the legal proceedings, will have a trained advocate available to represent their best interests.”
While today’s event celebrated the hard-fought passage of Act 23, Senator Kearney and child safety advocates emphasized the ongoing need to strengthen protections for children in Pennsylvania, particularly through the creation of an independent Office of the Child Advocate, as proposed in House Bill 2175, currently in the PA Senate.
“This is a crucial legislative victory, but our work to protect children is far from over,” Senator Kearney stated. “Today, we celebrate, but we also look ahead to the next steps to ensure that all children, in every part of our state, are safe from further harm.”
The full press conference is available online.