S-3498               _______________________________________________

                                                   SENATE BILL NO. 4481

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Talmadge, Newhouse, Metcalf, Halsan, Gaspard, Granlund, Bluechel, Garrett and Lee

Prefiled with Secretary of the Senate 1/10/86.  Read first time 1/13/86 and referred to Committee on Judiciary.

AN ACT Relating to reporting of abuse or neglect; amending RCW 26.44.030; and prescribing penalties.

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 2, chapter 259, Laws of 1985 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 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.

          (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.

          (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 may have been committed.  The law enforcement agency shall also notify the department of all reports received and the law enforcement agency's disposition of them.

          (5) Any county prosecutor or city attorney receiving a report under subsection (4) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision.

(6) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section if the client information exchanged is pertinent to cases currently receiving child protective services.  Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child.  Persons or agencies exchanging such information shall not further disseminate or release it.  Violation of this section shall constitute a misdemeanor.