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State v. Magee5/6/2005
een years of age or under may be offered in evidence either for or against a defendant charged with the rape or physical or sexual abuse of a child. To render such a videotape competent evidence, it must be satisfactorily proved:
...
(5) That the taking of the child's statement was supervised by a physician, a social worker, a law enforcement officer, a licensed psychologist, licensed professional counselor, or an authorized representative of the Department of Social Services.
B. The department shall develop and promulgate regulations on or before September 12, 1984, regarding training requirements and certification for department personnel designated in Paragraph (A)(5) of this Section who supervise the taking of the child's statement.
Amy Striker, a licensed social worker and forensic interviewer, interviewed D.H. and G.H. at the Children's Advocacy Center in Covington. Those interviews were videotaped and audiotaped.
The defendant contends that Paragraphs (A)(5) and (B) of La. R.S. 15:440.4 were not satisfied because Ms. Striker was not supervised and she did not meet the qualifications regarding the training requirements and certification for department personnel of the Department of Social Services. The defendant contends Ms. Striker was an agent or "authorized representative" of the Department of Social Services because the Children's Advocacy Center took referrals from the Office of Community Services, an "arm" of the Department of Social Services.
We reject the proposition that the Children's Advocacy Center's acceptance of referrals from the Office of Community Services serves to make Ms. Striker an authorized representative of the Department of Social Services. At trial, Ms. Striker explained, "The Office of Community Services does not run nor supervise the Children's Advocacy Center or it did not at the time that I was there." Nothing else in the record suggests that Ms. Striker was an authorized representative of the Department of Social Services. Such being the case, she was not required to meet any qualifications promulgated by the Department.
If Ms. Striker was a licensed social worker when she interviewed D.H. and G.H., as she testified, then Paragraph (A)(5) is clearly satisfied. The defendant contends, however, that the State did not affirmatively establish that Ms. Striker was a licensed social worker at the time of the interview. When asked by defense counsel when she became licensed as a social worker, Ms. Striker responded, "It's been two years." Ms. Striker interviewed the victims August 6, 2001. The trial took place during the week of October 20, 2003. Nothing in the record indicates the exact date Ms. Striker was licensed as a social worker. Therefore, the implication is that Ms. Striker could have become licensed after she interviewed D.H. and G.H.
We find it unnecessary to determine when Ms. Striker obtained her license for two reasons. First, one category of eligible person among those required to supervise the interview under Paragraph (A)(5) is a "social worker", not a "licensed social worker." Other eligible categories are those of "licensed psychologist" and "licensed professional counselor". Had the legislature intended for the social worker to be licensed, then it should have added the word "licensed" as it did with "psychologist" and "professional counselor".
Ms. Striker began her training in 1999 with Dr. Sue Austin, a well-known forensic interviewer. In that same year, Ms. Striker trained in forensic interviewing techniques and how to question children. Prior to her quitting because of having a baby, Ms. Striker gave seminars and was asked to speak on techniques
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