FINAL BILL REPORT

 

 

                                    SHB 608

 

 

                                  C 142 L 88

 

 

BYHouse Committee on Judiciary (originally sponsored by Representatives P. King, Hargrove, Patrick, Heavey, Padden, Kremen, Crane, Bristow, Appelwick, Locke, Lewis, Moyer, L. Smith, Holm, Haugen, Todd, Jesernig and Sanders)

 

 

Imposing penalties for malicious reporting of child or dependent adult abuse or neglect.

 

 

House Committe on Judiciary

 

 

Senate Committee on Law & Justice

 

 

                              SYNOPSIS AS ENACTED

 

BACKGROUND:

 

Health care practitioners, school professionals, social workers, pharmacists and employees of the Department of Social and Health Services are required to notify a law enforcement agency or the department when there is reasonable cause to believe that a child or dependent adult is subject to abuse or neglect.  The report must be made within 48 hours of the time the person has reasonable cause to believe there is abuse or neglect.

 

Any other person who has reasonable cause to believe that a child or adult person is subject to abuse or neglect may report the situation to law enforcement personnel.

 

The department must report to local law enforcement any cases in which an abused or neglected person has either died of injuries or been subjected to sexual abuse.  Law enforcement agencies must report such circumstances to the prosecuting authority.

 

A person who makes a good faith report of abuse is immune from liability in making the report or testifying in court.  A hospital or physician is not liable for taking a child into custody because of suspected abuse or neglect.

 

SUMMARY:

 

Law enforcement agencies, when receiving a report of abuse or neglect, may interview the person making the report to determine if malice was involved in the reporting.

 

Any person who, intentionally and in bad faith or maliciously, knowingly makes a false report of child abuse or neglect is guilty of a misdemeanor.  A person convicted of making a false report is not immune from civil liability.

 

 

VOTES ON FINAL PASSAGE:

 

      House 94   0

      Senate    32    16 (Senate amended)

      House 70  27 (House concurred)

 

EFFECTIVE:June 9, 1988