H-1249              _______________________________________________

                                                    HOUSE BILL NO. 492

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Lewis, Brekke, Padden, Scott, Dobbs, Thomas, Isaacson, Dellwo, Barnes, Smitherman, Hankins, Day, Walker, Tilly, Allen, Leonard, Hastings, K. Wilson, van Dyke, Braddock, G. Nelson, S. Wilson, B. Williams, Ballard, Winsley, May, Brough, Holland, Silver, Tanner and Long

Read first time 2/4/85 and referred to Committee on Social & Health Services.

AN ACT Relating to child abuse and neglect proceedings; adding new sections to chapter 26.44 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature finds parents and children often are not aware of their due process rights when agencies are investigating allegations of child abuse and neglect.  The legislature reaffirms that all citizens, including parents, shall be afforded due process, that protection of children remains the priority of the legislature, and that this protection includes protecting the family unit from unnecessary disruption.  To facilitate this goal, the legislature wishes to ensure that parents and children be advised in writing and orally, if feasible, of their basic rights and other specific information as set forth in this act, provided that nothing contained in this act shall cause any delay in protective custody action.

NEW SECTION. Sec. 2.     Whenever a dependency petition is filed by the department of social and health services, it shall advise the parents, and any child over the age of twelve who is subject to the dependency action, of their respective rights under RCW 13.34.090.  The parents and the child shall be provided a copy of the dependency petition and a copy of any court orders which have been issued.  This advice of rights under RCW 13.34.090 shall be in writing.  The department caseworker shall also make reasonable efforts to advise the parent and child of these same rights orally.

NEW SECTION. Sec. 3.     If a child has been taken into custody by law enforcement pursuant to RCW 26.44.050, the law enforcement agency shall leave a written statement with a parent or in the residence of the parent if no parent is present.  The statement shall give the reasons for the removal of the child from the home and the telephone number of the child protective services office in the parent's jurisdiction.

NEW SECTION. Sec. 4.     If a child is taken into custody by child protective services pursuant to a court order issued under RCW 13.34.050, the child protective services worker shall take reasonable steps to advise the parents immediately, regardless of the time of day, that the child has been taken into custody, the reasons why the child was taken into custody, and general information about the child's placement.  Notice may be given by any means reasonably certain of notifying the parents, including but not limited to, written, telephonic, or in-person oral notification.  If the initial notification is provided by a means other than writing, the information shall also be provided to the parent in writing as soon thereafter as possible.

NEW SECTION. Sec. 5.     Interviews or assessments of alleged child victims of sexual abuse or other abuse may be taped by law enforcement, prosecutors, child protective services, the attorney general's office, or any agency interviewing the child at the request of law enforcement, a prosecutor's office, child protective services, or the attorney general's office.  The child or the child's parent may request that interviews or assessments of the child by any of the above specified entities be taped.  Such tapes may be either an audio tape recording or a videotape recording with audio.  These tapes shall not be edited in any manner or form.  The tape shall be made available to anyone who is a party to a criminal action or dependency action related to the interview to determine the manner of questioning and how answers were gained.  The taping shall be done in such a manner as not to interrupt the interview or assessment procedure.  No release forms or consent may be required from any party involved in the taping and all parties shall be immune from civil actions arising out of the tapings.

NEW SECTION. Sec. 6.     Sections 2 through 5 of this act are each added to chapter 26.44 RCW.