AN ACT Relating to child abuse; amending RCW 9.69.100 and 26.44.030; adding new sections to chapter 26.44 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1. The Washington state legislature finds and declares:

The children of the state of Washington are the state's greatest resource and the greatest source of wealth to the state of Washington. Children of all ages must be protected from child abuse, and child abusers must be severely punished. Governmental authorities must give the prevention and punishment of child abuse the highest priority, and all instances of child abuse must be reported to the proper authorities who should diligently and expeditiously take appropriate action, and child abusers must be held accountable to the people of the state for their actions.

Sec. 2. Section 8, chapter 49, Laws of 1970 ex. sess. and RCW 9.69.100 are each amended to read as follows:

Whoever, having witnessed the actual commission of a felony involving violence or threat of violence or any crime involving the abuse or assault of a child or having witnessed preparations for the commission of a felony involving violence or threat of violence or preparations for the commission of any crime involving the abuse or assault of a child, does not as soon as reasonably possible make known his knowledge of such to the prosecuting attorney, police, or other public officials of the state of Washington having jurisdiction over the matter, ((~~shall be~~)) is guilty of a gross misdemeanor: PROVIDED, That nothing in this act shall be so construed to affect existing privileged relationships as provided by law.

Sec. 3. Section 3, chapter 13, Laws of 1965 as last amended by section 3, chapter 97, Laws of 1984 and RCW 26.44.030 are each amended to read as follows:

(1) When any practitioner, professional school personnel, registered or licensed nurse, social worker, psychologist, pharmacist, or employee of the department has reasonable cause to believe that a child or adult dependent person has suffered abuse or neglect, he 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 ((~~seven days~~)) twenty-four hours after there is reasonable cause to believe that the child or adult has suffered abuse or neglect.

(2) Any other person who has reasonable cause to believe that a child or adult dependent 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 ((~~as now or hereafter amended~~)).

(3) The department upon receiving a report of an incident of abuse or neglect pursuant to this chapter, involving a child or adult dependent person who has died or has had physical injury or injuries inflicted upon him other than by accidental means or who has been subjected to sexual abuse shall report such incident in writing to the proper law enforcement agency and to the county prosecutor of the county where the abuse or neglect is believed to have occurred. The report shall be in substantially the form provided in RCW 26.44.040.

(4) Any law enforcement agency receiving a report of an incident of abuse or neglect pursuant to this chapter, involving a child or adult dependent person who has died or has had physical injury or injuries inflicted upon him 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 has been committed.

NEW SECTION. Sec. 4. A new section is added to chapter 26.44 RCW to read as follows:

Any law enforcement officer and any employee of the department who responds to a complaint of child abuse or investigates any complaint of child abuse shall make a complete written report including the items provided in RCW 26.44.040 and also including the law enforcement officer's or employee's disposition of the case.

If more than one agency responds to any complaint of child abuse or investigates any complaint of child abuse, one of the investigating agencies shall be considered to be the chief investigating agency. Any responding officer or employee of any of the multiple agencies receiving the complaint or performing the investigation shall note in their written report which agency is the chief investigating agency.

The chief investigating agency shall immediately investigate all complaints and shall collect and preserve all relevant evidence and shall assemble the written reports of all other responding agencies and shall forward all written reports to the county prosecutor's office within ten days of making such report or reports, unless the case remains under active investigation.

The department, each law enforcement agency, and each county prosecuting attorney shall make as soon as practicable a written record and shall maintain records of all incidents of suspected child abuse reported to that person or agency. Records kept under this section shall be identifiable by means of a department code for child abuse.

NEW SECTION. Sec. 5. A new section is added to chapter 26.44 RCW to read as follows:

The prosecuting attorney responsible for making the decision whether or not to prosecute cases referred under this chapter shall advise the victim, the victim's parents or stepparents, any other family members who request to be advised of the decision, the employee of the department referring the case, and the chief investigating agency, within five days of the receipt of the report. However, the prosecuting attorney has no obligation under this section to notify the suspect or suspects of his decision.

NEW SECTION. Sec. 6. A new section is added to chapter 26.44 RCW to read as follows:

The prosecuting attorney shall include a separate section in his annual report stating the number of suspected child abuse reports received by his office pursuant to this chapter, the number of cases where charges were filed, the charge filed for each case and the disposition of each charge, and a statement indicating what punishment was imposed by the court. For purposes of this section, a "child abuse report" includes each separate incident that is reported to the county prosecuting attorney.