Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Early Learning & Human Services Committee

SB 5079

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Requires the Department of Social and Health Services (DSHS) to forward reports of physical or sexual abuse of a child to military law enforcement if appropriate.

Requires the DSHS to notify a Department of Defense Family Advocacy Program regarding certain child abuse and neglect allegations that involve a child whose parent is in the military.

Background:

Reports of child abuse and neglect.

The Children's Administration (CA) of the Department of Social and Health Services (DSHS) is responsible for responding to reports of child abuse and neglect. It is the duty of the CA to assess the risk of child maltreatment, while it is the duty of law enforcement to investigate whether a crime occurred. Anyone may call a toll free number to report such allegations.

The CA must report physical and sexual abuse allegations to the proper law enforcement agency.

Federal law provides that the Secretary of Defense (Secretary) shall request that each state report suspected child abuse and neglect to the Secretary. The Department of Defense (DOD) policy encourages local commands to develop memoranda of understanding for cooperation and sharing of information with local child welfare agencies. Several DSHS offices in the state have established memoranda of understanding with nearby military installations.

Department of Defense Family Advocacy Programs.

The DOD established the Family Advocacy Program (FAP) to prevent child abuse and domestic abuse through public awareness, education, and family support programs. Upon receiving a report of abuse, the FAP generally begins an investigation into the allegations. The information gathered during the investigation will be presented to a Case Review Committee, which will make a determination of whether the domestic abuse or violence allegation is substantiated.

A substantiated report could lead to the provision of mandatory counseling and education for the abuser or recommendations to command regarding whether court martial and separation from the services is appropriate.

Summary of Bill:

The DSHS must forward reports of physical or sexual abuse of a child to military law enforcement if appropriate.

The DSHS must make efforts to determine the military status of parents or guardians whose children are subject to abuse or neglect allegations. The DSHS must notify a FAP if there are allegations of abuse and neglect that have been screened in and are open for investigation related to a child whose parent or guardian is in the military.