1882-S

AN ACT Relating to an inspector general; adding a new chapter to Title 43 RCW; and providing an expiration date.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Chief" means the chief of the Washington state patrol.

(2) "Department" means the department of social and health services.

(3) "Oversight committee" means the joint legislative oversight committee created in section 3 of this act.

(4) "Patrol" means the Washington state patrol.

NEW SECTION. Sec. 2. (1) The position of inspector general is created as an officer of the patrol. The inspector general shall serve at the pleasure of and answer directly to the chief.

(2) The inspector general is responsible for oversight of the department, ensuring that the department operates according to state law and preserves individuals' due process. The primary focus of the inspector general is to investigate allegations of improper family intervention and other allegations of improper action or coercion by the department.

(3) The inspector general may investigate allegations based on referrals received from employees working within the department, the secretary of the department, the office of the attorney general, or from a hotline established for the purpose of reporting alleged abuse by the department.

(4) The inspector general has full subpoena powers and access to case and personnel files of the department.

(5) If the inspector general finds specific incidence of impropriety, the inspector general may recommend that criminal charges be filed or the imposition of specific corrective action. The inspector general shall make recommendations to the oversight committee.

(6) The inspector general shall report to the oversight committee by June 1st and December 1st of each year on recommended changes to laws that would better protect children and families.

NEW SECTION. Sec. 3. To review reports of the inspector general, a new joint legislative oversight committee is created. The committee will consist of eight members, four from the house of representatives and four from the senate. The committee chair shall be selected by the majority party and the majority party shall have two members from each house.

NEW SECTION. Sec. 4. (1) The inspector general shall be appointed by the chief on the basis of integrity and demonstrated ability in law enforcement management, public administration, and investigations. The inspector general shall have a minimum of five years of criminal investigative experience. Within six months of his or her appointment, the inspector general shall receive specialized training in the area of child abuse and neglect. The inspector general shall report to and be under the general supervision of the chief in all matters related to fraud and program integrity.

(2) The inspector general may be removed from office only by the chief.

(3) If the inspector general discovers that improper governmental action, as defined in RCW 42.40.020, has occurred during an investigation with respect to an employee, such as an abuse of authority so as to impede or interfere with an investigation, then the inspector general may report the improper governmental action to the auditor under chapter 42.40 RCW.

NEW SECTION. Sec. 5. (1) It is the duty and responsibility of the inspector general to:

(a) Conduct, supervise, and coordinate investigations dealing with allegations of improper family intervention and other allegations of improper action or coercion by the department;

(b) Review proposed legislation and rules relating to investigation of alleged child abuse or neglect by the department;

(c) Recommend policy changes as they relate to investigations of child abuse and neglect conducted by the department; and

(d) Keep the oversight committee and the secretary of the department of social and health services informed by means of reports concerning improper family intervention or other improper action or coercion by the department.

(2) In carrying out the duties and responsibilities in this chapter, the inspector general shall refer all investigations in which the inspector general has found substantial evidence supporting a finding of a violation of federal or state criminal law to the oversight committee and to the appropriate prosecuting authority for possible criminal prosecution.

NEW SECTION. Sec. 6. The oversight committee shall establish a hotline to receive complaints of alleged abuse by the department of social and health services.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act shall expire on July 1, 1997, unless extended by law.

NEW SECTION. Sec. 8. Sections 1 through 6 of this act shall constitute a new chapter in Title 43 RCW.