Advocates say Democrat Proposal in Washington State Could Limit Court Access for Foster Care Abuse Victims

OLYMPIA, WA – A new bill working its way through the Statehouse in Olympia would make it harder for people who were abused as children while in the care of the state to get their day in court, according to advocates for survivors.

The bill would add a new step before a trial: a mandatory administrative hearing behind closed doors.

Alex Dietz, an attorney for people who suffered sexual abuse as children in state custody like foster care, said while the bill has been framed by supporters as a cost-saver, the added layer of process would actually be more expensive for the state.

“The idea that this is somehow fiscally responsible is ludicrous,” Dietz contended. “This is not a fiscally responsible bill. It’s going to increase costs for the state. It’s going to harm survivors. It’s going to reduce public accountability. There is no benefit to this bill.”

Instead, Dietz argued, the change would protect the Washington Department of Children, Youth and Families from public accountability in such cases and would deter survivors from speaking up. The bill has passed in the state Senate and is now in the House.

Dietz called the issue of sexual abuse of children in state care “substantial and systemic.” He pointed out for decades, the department has failed to monitor children, hire adequate staff or respond to warning signs. He added under the new legislation, survivors would be asked to pay for the pretrial hearing, which could further deter them from coming forward. Dietz noted for them, sharing their stories is hard enough as it is.

“To tell these people who the state has harmed already, ‘You have to do this an extra time, behind closed doors privately, before we’ll even let you tell your story to the public,’ greatly increases the risk of re-traumatization,” Dietz emphasized.

Dietz contended the bill does not address the root problem, which is child abuse. Instead of creating more hurdles, he thinks the state should be encouraging survivors to come forward so the issues can be addressed. He’s convinced the department needs an overhaul.

“We need to incentivize them to take action to protect children instead of what this bill does, which is incentivize them to hide the failures,” Dietz underscored.

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