AN ACT Relating to the protection of children; amending RCW 13.50.100 and 74.15.030; adding a new section to chapter 10.01 RCW; adding new sections to chapter 43.10 RCW; creating a new section; prescribing penalties; and making an appropriation.

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

NEW SECTION. Sec. 1. A new section is added to chapter 43.10 RCW to read as follows:

The attorney general shall establish a special unit within the attorney general's office to investigate cases of the sexual abuse or exploitation of children throughout the state. The members of the unit shall include a coroner, persons who are experienced in and sensitive to the needs of sexually abused and exploited children, and assistant attorneys general whose primary responsibility shall be the prosecution of cases of sexual abuse or exploitation of children including but not limited to prosecution of persons accused of committing acts prohibited under chapter 9.68A RCW.

NEW SECTION. Sec. 2. A new section is added to chapter 43.10 RCW to read as follows:

The attorney general shall have concurrent authority and power with the prosecuting attorneys to investigate cases of the sexual abuse or exploitation of children and shall exercise such authority upon the recommendation of the unit under section 1 of this act as necessary to protect the children of this state and to help achieve uniformity throughout the state in the prosecution of cases of sexual abuse or exploitation of children.

NEW SECTION. Sec. 3. A new section is added to chapter 43.10 RCW to read as follows:

If both a prosecuting attorney and the attorney general file an information and indictment charging a defendant with substantially the same offense or offenses under section 2 of this act, the court shall, upon motion of either the prosecuting attorney or the attorney general:

(1) Determine whose prosecution of the case will best promote the interests of justice and enter an order, designating that person as the prosecuting authority in the case; and

(2) Enter an order dismissing the information or indictment filed by the person who was not designated the prosecuting authority.

NEW SECTION. Sec. 4. A new section is added to chapter 10.01 RCW to read as follows:

In a criminal proceeding involving the sexual abuse or exploitation of a child instituted or conducted by the attorney general, the attorney general and assistants are deemed to be prosecuting attorneys and have all prosecutorial powers vested in prosecuting attorneys of the state of Washington in such cases by statute or court rule.

NEW SECTION. Sec. 5. A new section is added to chapter 43.10 RCW to read as follows:

(1) A central file shall be kept on persons:

(a) Who have been convicted of any crime involving the sexual assault, exploitation, or molestation of a child under the age of eighteen;

(b) Whose parental rights have been terminated under chapter 13.34 RCW because of the sexual assault, exploitation, or molestation of a child under the age of eighteen;

(c) Who have been found in any dependency action under chapter 13.34 RCW to have sexually assaulted, exploited, or molested any child under the age of eighteen; or

(d) Who have been reported to the department of social and health services for sexually assaulting, exploiting, or molesting a child, subject to an appropriate administrative hearing if the listing is challenged.

(2) All listings unless successfully challenged shall remain permanently on file. This central file shall be kept by the attorney general's office. Information in this file shall be coordinated when possible with criminal history information contained in national and international informational networks.

(3) Information contained in the central file under subsection (1) of this section shall be available to any business or organization that deals primarily with the care, supervision, education, recreation, or guidance of children. Each such business or organization shall check all of its employees and volunteers who may have contact with children under the age of eighteen with the attorney general's office to find whether or not the employees and volunteers are listed in the central file within one hundred eighty days after the effective date of this act. All new employees or volunteers shall be similarly checked.

If any employee or volunteer is found to be listed in the registry, the fact of being listed shall be reported in writing by the business or organization to the parents or legal guardians of all children under the age of eighteen participating in the activities of the business or organization.

(4) Any parent or legal guardian may also apply to the attorney general's office to determine whether or not a person retained by them to care for a child under the age of eighteen is listed in the registry.

(5) The attorney general's office shall record all inquiries and if subsequent to an inquiry a person inquired about is added to the registry, the attorney general's office shall notify all persons, at their last known address, who have made previous inquiries regarding that person about this fact.

(6) Any person who has been convicted of a crime in another jurisdiction which, if committed in the state of Washington, would be a crime involving the sexual assault, exploitation, or molestation of a child under the age of eighteen, who establishes residency in the state of Washington, shall register with the attorney general's office within thirty days of establishing residency. Failure to so register shall be a class C felony as provided in chapter 9A.20 RCW.

NEW SECTION. Sec. 6. Sections 2 through 5 of this act shall not be construed in any way as limiting or modifying the powers of the attorney general under RCW 43.10.230 through 43.10.234 and 10.01.190.

Sec. 7. Section 10, chapter 155, Laws of 1979 as amended by section 20, chapter 191, Laws of 1983 and RCW 13.50.100 are each amended to read as follows:

(1) This section governs records not covered by RCW 13.50.050.

(2) Records covered by this section shall be confidential and shall be released only pursuant to this section and RCW 13.50.010.

(3) Records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility of supervising the juvenile. Records covered under this section and maintained by the juvenile courts which relate to the official actions of the agency may be entered in the state-wide juvenile court information system.

(4) A juvenile, his or her parents, the juvenile's attorney and the juvenile's parent's attorney, shall, upon request, be given access to all records and information collected or retained by a juvenile justice or care agency which pertain to the juvenile except:

(a) If it is determined by the agency that release of this information is likely to cause severe psychological or physical harm to the juvenile or his or her parents the agency may withhold the information subject to other order of the court: PROVIDED, That if the court determines that limited release of the information is appropriate, the court may specify terms and conditions for the release of the information; or

(b) If the information or record has been obtained by a juvenile justice or care agency in connection with the provision of counseling, psychological, psychiatric, or medical services to the juvenile, and the juvenile has a legal right to receive those services without the consent of any person or agency, then the information or record may not be disclosed to the juvenile's parents without the informed consent of the juvenile.

(5) A juvenile or his or her parent denied access to any records following an agency determination under subsection (4) of this section may file a motion in juvenile court requesting access to the records. The court shall grant the motion unless it finds access may not be permitted according to the standards found in subsections (4) (a) and (b) of this section.

(6) The person making a motion under subsection (5) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

(7) Subject to the rules of discovery in civil cases, any party to a proceeding seeking a declaration of dependency or a termination of the parent-child relationship and any party's counsel and the guardian ad litem of any party, shall have access to the records of any natural or adoptive child of the parent, subject to the limitations in subsection (4) of this section.

(8) Information relating to a parent whose parental rights have been terminated under chapter 13.34 RCW due to sexual assault or molestation of a child shall be released to the central file under section 5 of this 1985 act.

(9) Information concerning a juvenile or a juvenile's family contained in records covered by this section may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.

Sec. 8. Section 3, chapter 172, Laws of 1967 as last amended by section 5, chapter 188, Laws of 1984 and RCW 74.15.030 are each amended to read as follows:

The secretary shall have the power and it shall be the secretary's duty:

(1) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to designate categories of facilities for which separate or different requirements shall be developed as may be appropriate whether because of variations in the ages, sex and other characteristics of persons served, variations in the purposes and services offered or size or structure of the agencies to be licensed hereunder, or because of any other factor relevant thereto;

(2) In consultation with the children's services advisory committee, and with the advice and assistance of persons representative of the various type agencies to be licensed, to adopt and publish minimum requirements for licensing applicable to each of the various categories of agencies to be licensed.

The minimum requirements shall be limited to:

(a) The size and suitability of a facility and the plan of operation for carrying out the purpose for which an applicant seeks a license;

(b) The character, suitability and competence of an agency and other persons associated with an agency directly responsible for the care and treatment of children, expectant mothers or developmentally disabled persons. In consultation with law enforcement personnel, the secretary shall investigate the conviction record or pending charges of each agency and its staff seeking licensure or relicensure. Such investigation shall include but not be limited to an examination of the child abuse and neglect register established under chapter 26.44 RCW ((on)) and of the central file established under section 5 of this 1985 act of all agencies seeking a license under this chapter. The secretary shall use the information solely for the purpose of determining eligibility for a license and for determining the character, suitability, and competence of those persons or agencies, excluding parents, not required to be licensed who are authorized to care for children, expectant mothers, and developmentally disabled persons, and shall safeguard the information in the same manner as the child abuse registry established in RCW 26.44.070. Criminal justice agencies shall provide the secretary such information as they may have and that the secretary may require for such purpose;

(c) The number of qualified persons required to render the type of care and treatment for which an agency seeks a license;

(d) The safety, cleanliness, and general adequacy of the premises to provide for the comfort, care and well-being of children, expectant mothers or developmentally disabled persons;

(e) The provision of necessary care, including food, clothing, supervision and discipline; physical, mental and social well-being; and educational, recreational and spiritual opportunities for those served;

(f) The financial ability of an agency to comply with minimum requirements established pursuant to chapter 74.15 RCW and RCW 74.13.031; and

(g) The maintenance of records pertaining to the admission, progress, health and discharge of persons served.

(3) To investigate any person, including relatives by blood or marriage except for parents, for character, suitability, and competence in the care and treatment of children, expectant mothers, and developmentally disabled persons prior to authorizing that person to care for children, expectant mothers, and developmentally disabled persons.

(4) To issue, revoke, or deny licenses to agencies pursuant to chapter 74.15 RCW and RCW 74.13.031. Licenses shall specify the category of care which an agency is authorized to render and the ages, sex and number of persons to be served;

(5) To prescribe the procedures and the form and contents of reports necessary for the administration of chapter 74.15 RCW and RCW 74.13.031 and to require regular reports from each licensee;

(6) To inspect agencies periodically to determine whether or not there is compliance with chapter 74.15 RCW and RCW 74.13.031 and the requirements adopted hereunder;

(7) To review requirements adopted hereunder at least every two years and to adopt appropriate changes after consultation with the children's services advisory committee; and

(8) To consult with public and private agencies in order to help them improve their methods and facilities for the care of children, expectant mothers and developmentally disabled persons.

NEW SECTION. Sec. 9. There is appropriated to the attorney general from the general fund for the biennium ending June 30, 1987, the sum of .......... dollars or so much thereof as may be necessary to carry out the purposes of sections 1 through 5 of this act.

NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.