S-2123               _______________________________________________

                                   SECOND SUBSTITUTE SENATE BILL NO. 3238

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State of Washington                              49th Legislature                              1985 Regular Session

By Senate Committee on Ways and Means (originally sponsored by Senators Talmadge, Halsan, Granlund, Stratton, Rasmussen, Garrett and Peterson)

Read first time 2/22/85.

AN ACT Relating to the abuse of children and adult dependent persons; amending RCW 26.44.030; and making an appropriation.

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

        Sec. 1.  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)) forty-eight 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 in writing such incident to the proper law enforcement agency.  The report shall contain the information specified 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 in writing as provided in RCW 26.44.040 such incident 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.  The law enforcement agency shall also notify the department of social and health services of all reports received.

(5) Any county prosecutor or city attorney receiving a report pursuant to subsection (4) of this section shall report the disposition of the incident to the department of social and health services.  The report shall include what charges, if any, were filed and the disposition of each charge, including any sentence imposed.  The county prosecutor or city attorney shall also notify the victim, and any family members the victim requests be notified, of the decision to charge or decline to charge a crime, within five days of making the decision.

(6) The county prosecuting attorney shall include a separate section in his or her annual report stating the number of child abuse reports received by his or her office under this chapter, the number of cases in which charges were filed, the charge filed for each case, the disposition of each charge, and a statement indicating what punishment was imposed by the court.  A "child abuse report," for purposes of this section, includes each separate incident, which is reported to the county prosecuting attorney.

NEW SECTION. Sec. 2.     There is appropriated from the general fund to the department of social and health services, for the biennium ending June 30, 1987, the sum of two hundred fifty-four thousand two hundred eighty dollars or as much thereof as may be necessary, to carry out the purposes of this act.