HOUSE BILL REPORT

                 EHB 1115

                       As Passed House

                      February 22, 1993

Title:  An act relating to abuse of children.

Brief Description:  Allowing law enforcement agencies to have access to children's records in cases of reported child abuse and neglect.

Sponsors:  Representatives Riley, Mielke, R. Johnson, Jones, Brough, Van Luven and Karahalios.

Brief History:

  Reported by House Committee on:

Human Services, February 3, 1993, DP;

Passed House, February 22, 1993, 94-0.

HOUSE COMMITTEE ON HUMAN SERVICES

Majority Report:  Do pass.  Signed by 10 members:  Representatives Leonard, Chair; Riley, Vice Chair; Cooke, Ranking Minority Member; Talcott, Assistant Ranking Minority Member; Brown; Karahalios; Lisk; Padden; Thibaudeau; and Wolfe.

Staff:  Jim Erlandson (786-7093).

Background:  When a report of abuse or neglect is made, the Department of Social and Health Services (DSHS) and local law enforcement agencies may initiate two separate and distinct investigations. If the report is made to DSHS, they must in turn report to the appropriate law enforcement agency. If the report is made to a law enforcement agency, that agency is required to report the incident to DSHS. Often, information pertaining to the abuse must be secured from the school or medical facility that reported the incident. The department investigating abuse and neglect is provided access to all relevant records to pursue the investigation. Law enforcement agencies must request DSHS to share those records. This causes additional work for DSHS and a delay in the law enforcement investigation.

Summary of Bill:  Law enforcement agencies are authorized to access all relevant records of the reported child abuse or neglect from the reporters. Medical practitioners must request a release of information from a victims' parent or guardian but may release information regardless of obtaining the release.

Fiscal Note:  Not Requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Both the Department of Social and Health Services (DSHS) and the Washington State Police Officers Association agreed that the bill would allow local law enforcement agencies access to reports of abuse or neglect. This access would provide for more efficient and effective investigations of abuse or neglect by law enforcement.

Testimony Against:  None.

Witnesses:  Bob Shilling and Mike Patrick, Washington State Council of Police Officers; and Rick Winters, Department of Social and Health Services.