CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 1054
1991 Regular Session
Passed by the House March 20, 1991
Yeas 98 Nays 0
Speaker of the
House of Representatives
Passed by the Senate April 12, 1991
Yeas 45 Nays 0
President of the Senate
Governor of the State of Washington
I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1054 as passed by the House of Representatives and the Senate on the dates hereon set forth.
Secretary of State
State of Washington
SUBSTITUTE HOUSE BILL 1054
AS AMENDED BY THE SENATE
Passed Legislature - 1991 Regular Session
State of Washington 52nd Legislature 1991 Regular Session
By House Committee on Human Services (originally sponsored by Representatives Leonard, Winsley, Riley, Orr, R. King and Sheldon; by request of Dept. of Social and Health Services).
Read first time March 6, 1991.
AN ACT Relating to reports of abuse of children or adult dependent or developmentally disabled persons; amending RCW 26.44.030; and repealing RCW 26.44.070.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 26.44.030 and 1989 c 22 s 1 are each amended to read as follows:
(1) When any practitioner, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, licensed or certified child care providers or their employees, employee of the department, or juvenile probation officer has reasonable cause to believe that a child or adult dependent or developmentally disabled person, has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040. The report shall be made at the first opportunity, but in no case longer than forty-eight hours after there is reasonable cause to believe that the child or adult has suffered abuse or neglect. The report shall include the identity of the accused if known.
(2) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children, dependent adults, or developmentally disabled persons are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section shall apply.
(3) Any other person who has reasonable cause to believe that a child or adult dependent or developmentally disabled person has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department of social and health services as provided in RCW 26.44.040.
(4) The department, upon receiving a report of an incident of abuse or
neglect pursuant to this chapter, involving a child or adult dependent or
developmentally disabled person who has died or has had physical injury or
injuries inflicted upon him or her other than by accidental means or who has
been subjected to sexual abuse, shall report such incident to the proper law
enforcement agency. In emergency cases, where the child, adult dependent, or
developmentally disabled person's welfare is endangered, the department shall
notify the proper law enforcement agency within twenty-four hours after a
report is received by the department. In all other cases, the department shall
notify the law enforcement agency within seventy-two hours after a report is
received by the department. If the department makes an oral report, a written
report shall also be made to the proper law enforcement agency within five days
(5) Any law enforcement agency receiving a report of an incident of
abuse or neglect pursuant to this chapter, involving a child or adult dependent
or developmentally disabled person who has died or has had physical injury or
injuries inflicted upon him or her other than by accidental means, or who has
been subjected to sexual abuse, shall report such incident in writing as
provided in RCW 26.44.040 to the proper county prosecutor or city attorney for
appropriate action whenever the law enforcement agency's investigation reveals
that a crime may have been committed. The law enforcement agency shall also
notify the department of all reports received and the law enforcement agency's
disposition of them. In emergency cases, where the child, adult dependent, or
developmentally disabled person's welfare is endangered, the law enforcement
agency shall notify the department within twenty-four hours. In all other
cases, the law enforcement agency shall notify the department within
seventy-two hours after a report is received by the law enforcement agency.
(6) Any county prosecutor or city attorney receiving a report under
subsection (( (4))) (5) of this section shall notify the victim,
any persons the victim requests, and the local office of the department, of the
decision to charge or decline to charge a crime, within five days of making the
(7) The department may conduct ongoing case planning and consultation
with those persons or agencies required to report under this section, with
consultants designated by the department, and with designated representatives
of Washington Indian tribes if the client information exchanged is pertinent to
cases currently receiving child protective services or department case services
for the developmentally disabled. Upon request, the department shall conduct
such planning and consultation with those persons required to report under this
section if the department determines it is in the best interests of the child
or developmentally disabled person. Information considered privileged by
statute and not directly related to reports required by this section shall not
be divulged without a valid written waiver of the privilege.
(8) Any case referred to the department by a physician licensed under
chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child
abuse, neglect, or sexual assault has occurred and that the child's safety will
be seriously endangered if returned home, the department shall file a
dependency petition unless a second licensed physician of the parents' choice
believes that such expert medical opinion is incorrect. If the parents fail to
designate a second physician, the department may make the selection. If a
physician finds that a child has suffered abuse or neglect but that such abuse
or neglect does not constitute imminent danger to the child's health or safety,
and the department agrees with the physician's assessment, the child may be
left in the parents' home while the department proceeds with reasonable efforts
to remedy parenting deficiencies.
(9) Persons or agencies exchanging information under subsection (( (6)))
(7) of this section shall not further disseminate or release the
information except as authorized by state or federal statute. Violation of
this subsection is a misdemeanor.
(10) Upon receiving reports of abuse or neglect, the department or law
enforcement agency may interview children. The interviews may be conducted on
school premises, at day-care facilities, at the child's home, or at other
suitable locations outside of the presence of parents. Parental notification
of the interview shall occur at the earliest possible point in the
investigation that will not jeopardize the safety or protection of the child or
the course of the investigation. Prior to commencing the interview the
department or law enforcement agency shall determine whether the child wishes a
third party to be present for the interview and, if so, shall make reasonable
efforts to accommodate the child's wishes. Unless the child objects, the
department or law enforcement agency shall make reasonable efforts to include a
third party in any interview so long as the presence of the third party will not
jeopardize the course of the investigation.
(11) Upon receiving a report of incidents, conditions, or circumstances
of child abuse and neglect, the department shall have access to all relevant
records of the child in the possession of mandated reporters and their
(12) The department shall maintain investigation records and conduct
timely and periodic reviews of all cases constituting abuse and neglect. The
department shall maintain a log of screened-out nonabusive cases.
(13) The department of social and health services shall, within funds
appropriated for this purpose, use a risk assessment tool when investigating
child abuse and neglect referrals. The tool shall be used, on a pilot basis, in
three local office service areas. The department shall, within funds
appropriated for this purpose, offer enhanced community-based services to
persons who are determined not to require further state intervention.
The department shall report to the ways and means committees of the senate and house of representatives on the use of the tool by December 1, 1989. The report shall include recommendations on the continued use and possible expanded use of the tool.
(14) Upon receipt of such report the law enforcement agency may arrange
to interview the person making the report and any collateral sources to
determine if any malice is involved in the reporting.
NEW SECTION. Sec. 2. RCW 26.44.070 and 1987 c 524 s 12, 1987 c 206 s 6, 1986 c 269 s 3, 1984 c 97 s 6, 1981 c 164 s 4, 1977 ex.s. c 80 s 29, 1975 1st ex.s. c 217 s 7, 1972 ex.s. c 46 s 1, & 1969 ex.s. c 35 s 6 are each repealed.