12-02-2025
Prosecutors lobby for policy changes
OAKLAND — Prosecutors from the Garrett County State's Attorney's Office are calling on the Maryland General Assembly to pass a law that would offer more protections to victims of child abuse who testify at trial.
State's Attorney Christian Mash testified before the House Judiciary Committee last week in support of House Bill 442, which would allow out-of-court statements of child victims to be used in court under limited circumstances. Mash was joined in his support of the bill by Assistant State's Attorneys Mary Burnell and Matthew George.
'This is a modest, practical expansion of existing law, which will serve to benefit those child victims who live in rural jurisdictions, such as Garrett County,' Mash said.
Current law requires that an interviewer have specific credentials in order for a child victim's out-of-court statement to be used at trial, Mash said. The bill would expand the types of professionals who can question child victims to include specially trained forensic interviewers.
Prosecutors and child welfare attorneys frequently use the 'tender years statute' to limit the extent to which child victims are required to testify in court in the presence of their abuser, Mash said.
'Recounting the details of abuse to a large audience can be daunting for any witness,' Burnell said. 'Child witnesses are especially vulnerable, and expanding the language of the tender years statute can help prevent revictimization of young witnesses.'
Mash referred to a tight labor market for licensed social workers in rural areas. Child Advocacy Centers statewide have faced challenges in recruiting and retaining individuals whose credentials align with the existing language of the tender years statute, he said.
The difficulty is particularly pronounced in less-populated areas.
'HB442 aims to fix that problem by allowing professionals trained in child forensic interviewing protocols to interview victims of child abuse for use under the statute,' George said.
Mash said current restrictions result in an unfair system, where child victims in rural places are less likely to benefit from the intended protections of the law.
'Expanding the statute to include forensic interviewers would correct this disparate impact,' Mash said. 'Children in rural settings are no less deserving of the protections of this law, and it is our hope that state lawmakers recognize that and pass this bill.'
