AN ACT Relating to child abuse education; amending RCW 43.63A.065 and 74.15.030; adding new sections to chapter 28A.03 RCW; adding a new section to chapter 28A.58 RCW; creating a new section; and making appropriations.

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

NEW SECTION. Sec. 1. (1) The legislature finds and declares the following:

(a) Child abuse and neglect is a severe and increasing social problem, evidenced by a substantial increase in the number of child abuse, including child sexual abuse, and neglect incidents being reported both nationally and at the state level;

(b) Child abuse and neglect has tragic consequences for the child and clear social implications since studies reveal that individuals who were abused or neglected as children are eighty percent more likely to abuse or neglect their own children;

(c) Child abuse and neglect prevention programs can serve as focal points for addressing often related social issues, problems, and programs such as institutionalization, mental health programs, state foster care, and judicial and correctional issues;

(d) School districts and public preschool programs are appropriate environments in which education and training relating to the prevention of child abuse and neglect can be provided to students, particularly at the preschool through early elementary grade levels, parents, and all school district employees;

(e) Primary child abuse and neglect prevention programs provided in school districts are an effective and cost-efficient method for reducing the incidence of child abuse and neglect, and for promoting positive family environments and relationships by making available to students, their parents, and school employees information and guidance about the social, physical, and educational developmental stages and behavior of children;

(f) Child abuse and neglect is a serious social problem which requires an appropriate and meaningful state-level response, including establishing the prevention of child abuse and neglect as a social priority of the state.

(2) It is the intent of the legislature to make available to children, including preschool age children, parents, school employees, and licensed day care providers the provision of child abuse and neglect primary prevention education and training.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.03 RCW to read as follows:

(1) The superintendent of public instruction, in cooperation with the department of social and health services and the department of community development, shall be the lead agency and shall have the primary responsibility for selecting, implementing, and administering a coordinated primary prevention program for child abuse and neglect.

The primary prevention program selected shall grant primary responsibility for the provision of child abuse and neglect education and training for preschool age children and their parents to the department of social and health services, for preschool age children participating in day care programs meeting the requirements of chapter 74.15 RCW, and to the department of community development for preschool age children participating in the early childhood education and assistance program established under chapter 28A.34A RCW.

The superintendent of public instruction shall be responsible under the primary prevention program for the provision of education and training within the common school system, grades kindergarten through grade twelve.

(2) Prior to selecting the primary prevention program, the superintendent of public instruction, the department of social and health services, and the department of community development shall first consider, but not be limited to, the following items for inclusion in the program design:

(a) Parent, teacher, and children's workshops that provide the following:

(i) Information provided in a clear, age-appropriate, nonthreatening manner, delineating the problem and the range of possible solutions;

(ii) Training that is culturally and linguistically appropriate to the population served;

(iii) Training that is appropriate to the geographic area served; and

(iv) Training that is designed to help counteract common stereotypes about child abuse victims and offenders;

(b) Training offered by schools to parents and school staff prior to the presentation of children's workshops, which include information and training concerning the following:

(i) Physical and behavioral indicators of abuse;

(ii) Crisis counseling techniques;

(iii) Community resources;

(iv) Rights and responsibilities regarding reporting;

(v) School district procedures to facilitate reporting and apprise supervisors and administrators of reports; and

(vi) Caring for a child's needs after a report is made;

(i) Positive child guidance techniques;

(ii) Physical and behavioral indicators of abuse;

(iii) Recognizing and providing safe, quality day care;

(iv) Community resources;

(v) Rights and responsibilities regarding reporting; and

(vi) Caring for the abused or neglected child;

(d) Children's training that contains information and training concerning the following:

(i) The right of every child to live free of abuse;

(ii) How to disclose incidents of abuse and neglect;

(iii) The availability of support resources and how to obtain help;

(iv) Child safety training and age-appropriate self-defense techniques; and

(v) A period for crisis counseling and reporting immediately following the completion of each children's workshop in a school setting which maximizes the child's privacy and sense of safety.

(3) The selected primary prevention program shall be designed to facilitate and encourage participating districts to provide age-appropriate child abuse and neglect education and training at least three times in a student's school career. School districts are encouraged to provide such education and training at least once in preschool through the elementary grade levels, at least once during the students' junior high or middle school years, and at least once during the students' senior high school years.

(4) The primary prevention program established under this section shall be a voluntary program and shall not be part of the basic program of education which must be fully funded by the legislature under Article IX, section 1 of the state Constitution.

(5) Training methods that may be used include, but are not limited to, printed materials, telecommunications, orientations, and workshops.

(6) Parents shall be given notice of the primary prevention program and may refuse to have their children participate in the program.

NEW SECTION. Sec. 3. A new section is added to chapter 28A.58 RCW to read as follows:

(1) Every school district board of directors shall develop a written policy regarding the district's role and responsibility as relates to the prevention of child abuse and neglect.

(2) Every school district shall give priority consideration to participating in the primary prevention program established under section 2 of this act, developing and implementing its own child abuse and neglect education and prevention program, or continuing with an existing local child abuse and neglect education and prevention program.

NEW SECTION. Sec. 4. A new section is added to chapter 28A.03 RCW to read as follows:

The superintendent of public instruction shall collect and disseminate to school districts information about existing child abuse and neglect curriculum through the state clearinghouse for education information and share with the departments of social and health services and community development such information. The departments of social and health services and community development shall in turn share relevant information with the superintendent of public instruction.

Sec. 5. Section 5, chapter 125, Laws of 1984 as amended by section 137, chapter 266, Laws of 1986 and RCW 43.63A.065 are each amended to read as follows:

The department shall have the following functions and responsibilities:

(1) Cooperate with and provide technical and financial assistance to the local governments and to the local agencies serving the communities of the state for the purpose of aiding and encouraging orderly, productive, and coordinated development of the state.

(2) Administer state and federal grants and programs which are assigned to the department by the governor or the legislature.

(3) Administer community services programs through private, nonprofit organizations and units of general purpose local government; these programs are directed to the poor and infirm and include community-based efforts to foster self-sufficiency and self-reliance, energy assistance programs, head start, and weatherization.

(4) Study issues affecting the structure, operation, and financing of local government as well as those state activities which involve relations with local government and report the results and recommendations to the governor, legislature, local government, and citizens of the state.

(5) Assist the governor in coordinating the activities of state agencies which have an impact on local governments and communities.

(6) Provide technical assistance to the governor and the legislature on community development policies for the state.

(7) Assist in the production, development, rehabilitation, and operation of owner-occupied or rental housing for low and moderate income persons, and qualify as a participating state agency for all programs of the Department of Housing and Urban Development or its successor.

(8) Support and coordinate local efforts to promote volunteer activities throughout the state.

(9) Participate with other states or subdivisions thereof in interstate programs and assist cities, counties, municipal corporations, governmental conferences or councils, and regional planning commissions to participate with other states or their subdivisions.

(10) Hold public hearings and meetings to carry out the purposes of this chapter.

(11) Provide a comprehensive state-level focus for state fire protection services, funding, and policy.

(12) Administer a program to identify, evaluate, and protect properties which reflect outstanding elements of the state's cultural heritage.

(13) Coordinate a comprehensive state program for mitigating, preparing for, responding to, and recovering from emergencies and disasters.

(14) Implement programs for the prevention of child abuse and neglect under section 2(1) of this 1987 act in cooperation with other state and private agencies.

Sec. 6. 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 an examination of the child abuse and neglect register established under chapter 26.44 RCW on 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.

(9) To implement primary prevention programs for child abuse and neglect under section 2(1) of this 1987 act in cooperation with other state and private agencies.

NEW SECTION. Sec. 7. (1) There is appropriated from the general fund to the superintendent of public instruction for the biennium ending June 30, 1989, the sum of two hundred twenty-five thousand dollars, or so much thereof as may be necessary, to carry out the purposes of this act.

(2) There is appropriated from the general fund to the department of social and health services for the biennium ending June 30, 1989, the sum of one hundred twenty-five thousand dollars, or so much thereof as may be necessary, to carry out the purposes of this act.

(3) There is appropriated from the general fund to the department of community development for the biennium ending June 30, 1989, the sum of twenty-five thousand dollars, or so much thereof as may be necessary, to carry out the purposes of this act.

NEW SECTION. Sec. 8. 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.