S-2202               _______________________________________________

 

                                         SUBSTITUTE SENATE BILL NO. 3377

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Senate Committee on Judiciary (originally sponsored by Senators Talmadge, Halsan, Moore, Fleming, Granlund, Wojahn, Lee and Stratton)

 

 

Read first time 3/8/85.

 

 


AN ACT Relating to a state patrol registry of sexual child abuse; amending RCW 13.50.100; and creating a new section.

 

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

 

        Sec. 1.  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 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.

          (9) Information relating to a finding of sexual abuse or exploitation in a dependency action under chapter 13.34 RCW shall be forwarded by the clerk of the appropriate court to the Washington state patrol for insertion in the state patrol identification and criminal history section system.

 

          NEW SECTION.  Sec. 2.     A study shall be conducted by the committees on judiciary and government operations in the senate and the committees on judiciary and state government in the house of representatives.  A report of the study shall be filed with the secretary of the senate and chief clerk of the house of representatives by January 1, 1986.

          The study shall examine the concept of a registry in Washington state, the privacy rights of Washington residents, the rights of children, and state and local civil service and employment laws.  It shall also consider the effect a registry would have on volunteerism in this state.

 

          NEW SECTION.  Sec. 3.     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.