Victims of Child Abuse Act of 1989

Victims of Child Abuse Act of 1989 - Title I: Drug-Related Child Abuse; Habitual Child Abuse Offense - Amends the Federal criminal code to make it a felony to commit a crime of violence against a person under age 18 if the offense was committed as part of a violation of the Controlled Substances Act or the Controlled Substances Import and Export Act.

Requires the United States Sentencing Commission to promulgate guidelines to provide that a defendant convicted of such an offense, who has previously been convicted on two separate occasions of a sexual offense or crime of violence in which the victim was under age 18, shall receive the maximum punishment authorized by law.

Title II: Improving Investigation and Prosecution of Child Abuse Cases - Authorizes the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to develop multidisciplinary child abuse investigation and prosecution programs. Enumerates program criteria, including requirements identifying a neutral site for counseling child victims of sexual and serious physical abuse and neglect, referring cases to such counseling center within 24 hours minimizing the number of interviews the child victim must attend, and assigning volunteers or staff advocates to each child's family.

Authorizes appropriations for FY 1990 through 1993.

Title III: Court Appointed Special Advocate Program - Authorizes the Administrator to make grants to expand the court-appointed special advocate program. Requires the Administrator to establish criteria to be used in evaluating grant applications, which shall include a program providing screening, training, and supervision of court-appointed special advocates. Authorizes appropriations for FY 1990 through 1993.

Title IV: Child Abuse Training Programs for Judicial Personnel and Practitioners - Authorizes the Administrator to provide technical assistance and training to judicial personnel and attorneys to improve the judicial system's handling of child abuse and neglect cases.

Directs the Administrator to make grants to national organizations to develop model technical programs to improve the judicial system's handling of such cases.

Authorizes the Administrator to make grants to or for juvenile and family courts and State judicial systems for programs that implement model child abuse and neglect programs. Directs that the grant criteria give priority to programs which improve procedures for preventing placement of children in foster care, make reasonable efforts to reunite the family, and coordinate information and services.

Authorizes appropriations for FY 1990 through 1993. Requires that at least 80 percent of such funds be used for juvenile and family court and State judicial system programs.

Title V: Federal Victims' Services, Protections, and Rights - Requires the Attorney General to: (1) establish an evaluation system to rate law enforcement officers on their compliance with laws protecting victims of crime; and (2) create a set of standards to govern services to victims and witnesses in Federal cases and serve as a model to States and localities.

Requires the Office for Victims of Crime to report at least annually to the public, the Congress, and the President on the protection of victims generally and, specifically, on compliance with this Act.

Amends the Federal Rules of Criminal Procedure to allow, in any civil or criminal proceeding involving an alleged offense against a child or involving a child witness, the prosecuting attorney, the child's attorney, or the guardian ad litem to apply (at least five days before the trial date) for a court order that the child's testimony be taken in a room outside the courtroom and be televised by two-way closed-circuit television (TV).

Authorizes the court to order that such testimony be taken by closed-circuit TV if it finds that the child is unable to testify in open court because of: (1) the child's persistent refusal to testify despite judicial requests to do so; (2) the child's total inability to communicate about the offense because of extreme fear, total failure of memory, or other similar reasons; or (3) the substantial likelihood that the child will suffer severe emotional trauma.

Requires: (1) the court to support any ruling on the child's inability to testify in open court with findings on the record; and (2) expert testimony to support such a finding, with respect to the child's persistent refusal to testify.

Specifies that: (1) the prosecuting attorney and the defense attorney shall be present in the room with the child and the child shall be subject to direct and cross-examination; and (2) the only other persons allowed to be present are the child's attorney or guardian ad litem, those persons necessary to operate the closed-circuit equipment, and any other person whose presence is determined by the court to be necessary to the welfare and well-being of the child.

Requires that: (1) the child's testimony be transmitted by closed-circuit TV into the courtroom for the defendant, jury, judge, and public view; (2) the defendant be provided with the means of private, contemporaneous communication with his attorney during the testimony; and (3) the closed-circuit TV transmission relay the defendant's image into the room in which the child is testifying, and the child's testimony into the room in which the defendant is viewing the proceeding.

Sets forth analogous provisions with respect to videotaped depositions of child victims and child witnesses.

Creates a hearsay exception for an out-of-court statement made by a child of less than 13 years concerning acts or conduct related to alleged completed or attempted crimes of sexual abuse, physical abuse, or exploitation of such child or concerning a crime against another witnessed by the child that is not otherwise admissible if: (1) the child testifies at the proceeding, or testifies by means of videotaped deposition or closed-circuit TV and, at the time of such testimony, is subject to cross-examination about the out-of-court statement; or (2) the child is found to be unable to testify for various reasons, such as the child's death, absence, refusal, or substantial severe emotional trauma.

Requires the proponents of the statement to inform the adverse party of the intention to offer the statement and its content sufficiently in advance of the proceeding to provide the defendant with a fair opportunity to prepare a response.

Delineates factors which the court may consider in determining whether a statement possesses particularized guarantees of trustworthiness, including the child's knowledge of the event, the age and maturity of the child, any apparent motive the child may have to falsify or distort the event, and whether extrinsic evidence exists to show the defendant's opportunity to commit the act complained of in the child's statement. Requires the court to support with findings on the record any rulings pertaining to the child's inability to testify in open court and the trustworthiness of the out-of-court statement.

Authorizes the court to permit the child to use anatomical dolls, puppets, drawings, or any other demonstrative device to assist in testifying.

Sets forth requirements with respect to competency examinations for child witnesses.

Prohibits: (1) the release to the public of the name, or other identifying information about, the child victim or child witness except as authorized by the court; and (2) the name and any identifying information from appearing in any public record. Makes such a violation a misdemeanor.

Authorizes the court, when the child testifies, to exclude from the courtroom all persons, including the media, who do not have a direct interest in the case, where the child's testimony under traditional courtroom procedures would cause substantial psychological harm to the child or would result in the child's inability to effectively communicate, subject to specified conditions.

Grants the child victim or witness the same right to submit victim impact statements prior to sentencing as prescribed for an adult. Directs that child victims or witnesses be assisted by their court appointed guardian ad litem in preparing victim impact statements.

Encourages the use of multidisciplinary teams designed to assist child victims or child witnesses. Delineates the role of such teams.

Requires the court to appoint a guardian ad litem at the earliest possible stage of all proceedings where a child was a victim of a crime involving abuse or exploitation to protect the best interests of the child. Sets forth guidelines with respect to criteria in choosing, and the duties of, such guardian.

Grants a child testifying at or attending a judicial proceeding the right to be accompanied by an adult attendant to provide emotional support to the child, subject to certain restrictions.

Authorizes the court, in any proceeding where a child is called to give testimony, to designate the case as being of special public importance and to expedite the action. Requires the court to ensure a speedy trial and, in deciding whether or not to grant a continuance, to take into account the child's age and the potential adverse impact the delay may have on the child's wellbeing.

Declares that there is no statute of limitations for any sex offense involving a victim under 18 years of age. Provides for extension of the statute of limitations with respect to civil actions arising out of the same occurrence and in which the child is the victim.

Requires anyone who has reasonable cause to believe that a child is an abused or neglected child to report to the appropriate authorities. Immunizes reporters from liability under this provision. Makes failure to report a misdemeanor.

Title VI: Child Care Worker Employee Background Checks - Requires Federal agencies involved with the provision of services to children under age 18 to assure that all existing and newly-hired employees undergo a criminal history background check.

Sets forth procedures with respect to the conduct of such background checks.

Specifies that: (1) any conviction for a sex crime, an offense involving a child victim, or a drug offense shall be grounds for denying employment or for dismissal of an employee engaged in specified child care services; (2) an incident in which an individual has been charged, but where the charge has not yet been disposed of, shall permit the employee's suspension from any job-related contact with children until the case is resolved; and (3) convictions of other crimes may be considered if they bear on an individual's fitness to have responsibility for the safety and well-being of children.

Sets forth requirements with respect to questions to be asked in employment applications, criminal history records checks, and access to (and the right to challenge the accuracy of) the criminal history report.

Encourages voluntary criminal history checks for others who may have contact with children.