1054 AAS 4/12/91
HB 1054 - S COMM AMD
By Committee on Children & Family Services
Adopted 4/12/91 - Voice Vote
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 26.44.030 and 1989 c 22 s 1 are each amended to read as follows:
(1) When any practitioner, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, licensed or certified child care providers or their employees, employee of the department, or juvenile probation officer has reasonable cause to believe that a child or adult dependent or developmentally disabled person, has suffered abuse or neglect, he or she 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. The report shall include the identity of the accused if known.
(2) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children, dependent adults, or developmentally disabled persons are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section shall apply.
(3) Any other person who has reasonable cause to believe that a child or adult dependent or developmentally disabled 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))) (4) The department, upon receiving a report
of an incident of abuse or neglect pursuant to this chapter, involving a child
or adult dependent or developmentally disabled person who has died or has had
physical injury or injuries inflicted upon him or her other than by accidental
means or who has been subjected to sexual abuse, shall report such incident to
the proper law enforcement agency. In emergency cases, where the child, adult
dependent, or developmentally disabled person's welfare is endangered, the
department shall notify the proper law enforcement agency within twenty-four
hours after a report is received by the department. In all other cases, the
department shall notify the law enforcement agency within seventy-two hours
after a report is received by the department. If the department makes an oral
report, a written report shall also be made to the proper law enforcement
agency within five days thereafter.
(((4))) (5) Any law enforcement agency receiving a
report of an incident of abuse or neglect pursuant to this chapter, involving a
child or adult dependent or developmentally disabled person who has died or has
had physical injury or injuries inflicted upon him or her 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. In emergency cases, where the
child, adult dependent, or developmentally disabled person's welfare is
endangered, the law enforcement agency shall notify the department within
twenty-four hours. In all other cases, the law enforcement agency shall notify
the department within seventy-two hours after a report is received by the law
enforcement agency.
(((5))) (6) Any county prosecutor or city attorney
receiving a report under subsection (((4))) (5) 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))) (7) The department may conduct ongoing case
planning and consultation with those persons or agencies required to report
under this section, with consultants designated by the department, and with
designated representatives of Washington Indian tribes if the client
information exchanged is pertinent to cases currently receiving child
protective services or department case services for the developmentally
disabled. 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 or
developmentally disabled person. Information considered privileged by statute
and not directly related to reports required by this section shall not be
divulged without a valid written waiver of the privilege.
(((7))) (8) Any case referred to the department by a
physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert
medical opinion that child abuse, neglect, or sexual assault has occurred and
that the child's safety will be seriously endangered if returned home, the
department shall file a dependency petition unless a second licensed physician
of the parents' choice believes that such expert medical opinion is incorrect.
If the parents fail to designate a second physician, the department may make
the selection. If a physician finds that a child has suffered abuse or neglect
but that such abuse or neglect does not constitute imminent danger to the
child's health or safety, and the department agrees with the physician's
assessment, the child may be left in the parents' home while the department
proceeds with reasonable efforts to remedy parenting deficiencies.
(((8))) (9) Persons or agencies exchanging
information under subsection (((6))) (7) of this section shall
not further disseminate or release the information except as authorized by
state or federal statute. Violation of this subsection is a misdemeanor.
(((9))) (10) Upon receiving reports of abuse or
neglect, the department or law enforcement agency may interview children. The
interviews may be conducted on school premises, at day-care facilities, at the
child's home, or at other suitable locations outside of the presence of
parents. Parental notification of the interview shall occur at the earliest
possible point in the investigation that will not jeopardize the safety or
protection of the child or the course of the investigation. Prior to
commencing the interview the department or law enforcement agency shall
determine whether the child wishes a third party to be present for the
interview and, if so, shall make reasonable efforts to accommodate the child's
wishes. Unless the child objects, the department or law enforcement agency
shall make reasonable efforts to include a third party in any interview so long
as the presence of the third party will not jeopardize the course of the
investigation.
(((10))) (11) Upon receiving a report of incidents,
conditions, or circumstances of child abuse and neglect, the department shall
have access to all relevant records of the child in the possession of mandated
reporters and their employees.
(((11))) (12) The department shall maintain
investigation records and conduct timely and periodic reviews of all cases
constituting abuse and neglect. The department shall maintain a log of
screened-out nonabusive cases.
(((12))) (13) The department of social and health
services shall, within funds appropriated for this purpose, use a risk
assessment tool when investigating child abuse and neglect referrals. The tool
shall be used, on a pilot basis, in three local office service areas. The
department shall, within funds appropriated for this purpose, offer enhanced
community-based services to persons who are determined not to require further
state intervention.
The department shall report to the ways and means committees of the senate and house of representatives on the use of the tool by December 1, 1989. The report shall include recommendations on the continued use and possible expanded use of the tool.
(((13))) (14) Upon receipt of such report the law
enforcement agency may arrange to interview the person making the report and
any collateral sources to determine if any malice is involved in the
reporting."
"NEW SECTION. Sec. 2. RCW 26.44.070 and 1987 c 524 s 12, 1987 c 206 s 6, 1986 c 269 s 3, 1984 c 97 s 6, 1981 c 164 s 4, 1977 ex.s. c 80 s 29, 1975 1st ex.s. c 217 s 7, 1972 ex.s. c 46 s 1, & 1969 ex.s. c 35 s 6 are each repealed."
HB 1054 - S COMM AMD
By Committee on Children & Family Services
Adopted 4/12/91 - Voice Vote
On page 1, line 2 of the title, after "persons;" strike the remainder of the title and insert "amending RCW 26.44.030; and repealing RCW 26.44.070."