Senate alters Child Victims Act bill with floor amendment; advocates warn it curbs access to justice

The Delaware Senate on June 30 passed House Bill 75 — which removes the statute of limitations for civil claims based on childhood sexual abuse — but only after adopting a contentious floor amendment that sharply divided advocates and lawmakers.

House Bill 75 had passed the House and was billed as reopening the courthouse to survivors who were barred by time limits. During Senate floor debate, Senate Amendment 3 (offered by Senator Sikola) added detailed definitions, new evidentiary language for claims where an alleged abuser is deceased or incompetent, and damage caps for claims tied to events before 2007 (a $500,000 cap against the individual abuser and an additional $500,000 cap against an employer or supervisory entity, with certain health-care costs excluded from caps).

Senator Sikola said the amendment preserves the bill’s core purpose while setting standards to make litigation workable for very old claims: “This amendment ... keeps the doors open,” he said, arguing the changes reflect the different evidentiary challenges in decades-old matters.

Senator Poore, who led House Bill 75’s floor presentation and spoke passionately in favor of the unamended bill, warned that the amendment departs from the bill’s mission. “When a child has already lost their innocence, should they also lose their opportunity for justice?” he asked, calling the amendment an effort that would limit survivors’ access and “restore barriers.” Poore and several advocates said the amendment inserts new procedural hurdles and caps that would advantage institutional defendants and discourage meritorious claims.

Legal staff (Mark Catrona of the Division of Legislative Services) advised senators that, in their view, the amendment’s changes fall within the bill’s title and are constitutionally permissible under Delaware law, citing precedent for a liberal interpretation of notice and title requirements.

Senate Amendment 3 passed on a roll call (14 yes, 6 no, 1 absent). After further debate, the amended House Bill 75 passed the Senate by roll call (20 yes, 1 absent).

Supporters said the amended bill still opens civil courts to survivors and provides a workable framework for very old claims; opponents argued the amendment creates caps and evidentiary hurdles that will disincentivize counsel and reduce remedies for the most harmed survivors.

Outcome and next steps: The Senate-incorporated amendment and final passage place an amended House Bill 75 on the path toward final enactment; advocates and legislators signaled further post-enactment engagement to address outstanding concerns and implementation details.