BP BHEAD INT H

AN ACT Relating to allegations of abuse or neglect; amending RCW 26.44.030, 26.44.035, 26.44.040, 26.44.060, and 10.97.060; reenacting and amending RCW 26.44.050; adding a new section to chapter 26.44 RCW; and creating a new section.

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

Sec. 1. RCW 26.44.030 and 1995 c 311 s 17 are each amended to read as follows:

(1)(a) When any practitioner, county coroner or medical examiner, law enforcement officer, 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.

(b) The reporting requirement shall also apply to any adult who has reasonable cause to believe that a child or adult dependent or developmentally disabled person, who resides with them, has suffered severe abuse, and is able or capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.

(c) 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.

(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.

~~(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.

((~~(6)~~)) (5) Any county prosecutor or city attorney receiving a report under subsection ((~~(5)~~)) (4) 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.

((~~(7)~~)) (6) 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.

((~~(8)~~)) (7) 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.

((~~(9)~~)) (8) Persons or agencies exchanging information under subsection ((~~(7)~~)) (6) 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.

((~~(10)~~)) (9) 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.

((~~(11)~~)) (10) Upon receiving a report of child abuse and neglect, the ((~~department or~~)) investigating law enforcement agency shall have access to all relevant records of the child in the possession of mandated reporters and their employees.

((~~(12)~~)) (11) The ((~~department~~)) law enforcement agency shall maintain investigation records and conduct timely and periodic reviews of all cases constituting abuse and neglect. The ((~~department~~)) law enforcement agency shall maintain a log of screened-out nonabusive cases.

((~~(13)~~)) (12) The department shall use a risk assessment process when investigating child abuse and neglect referrals. The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue. 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 provide annual reports to the legislature on the effectiveness of the risk assessment process.

((~~(14)~~)) (13) A law enforcement agency that receives a report of suspected abuse or neglect must require the person reporting the incident to provide the person's name, address, and telephone number. Upon receipt of a report of abuse or neglect the law enforcement agency ((~~may~~)) shall 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. A new section is added to chapter 26.44 RCW to read as follows:

A law enforcement agency that receives a report of suspected abuse or neglect shall notify the suspect that a report has been made about the person. The disclosure to the suspect may be made at a time when notice of the report will not jeopardize the course of the investigation. The law enforcement agency investigating the incident shall disclose to the suspect the identity of the person making the report, unless the law enforcement agency determines that disclosure of the information would be likely to endanger the life or safety of the person who reported the incident or another person.

Sec. 3. RCW 26.44.035 and 1985 c 259 s 3 are each amended to read as follows:

(1) If ((~~the department or~~)) a law enforcement agency responds to a complaint of child abuse or neglect and discovers that another agency has also responded to the complaint, the agency shall notify the other agency of their presence, and the agencies shall coordinate the investigation and keep each other apprised of progress.

((~~The department~~)) (2) Except as provided in subsection (3) of this section, each law enforcement agency, each county prosecuting attorney, each city attorney, and each court shall make as soon as practicable a written record and shall maintain records of all incidents of suspected child abuse reported to that person or agency. Records kept under this section shall be identifiable by means of an agency code for child abuse.

(3) If the law enforcement agency or prosecutor determines that the allegations of abuse and neglect were the result of a false report, all records of the allegation shall be destroyed. The agency investigating the case must also direct any criminal justice agency in possession of nonconviction data concerning the false allegation to destroy the nonconviction data pursuant to RCW 10.97.060.

Sec. 4. RCW 26.44.040 and 1993 c 412 s 14 are each amended to read as follows:

An immediate oral report shall be made by telephone or otherwise to the proper law enforcement agency ((~~or the department of social and health services~~)) and, upon request, shall be followed by a report in writing. Such reports shall contain the following information, if known:

(1) The name, address, and age of the child or adult dependent or developmentally disabled person;

(2) The name and address of the child's parents, stepparents, guardians, or other persons having custody of the child or the residence of the adult dependent or developmentally disabled person;

(3) The nature and extent of the injury or injuries;

(4) The nature and extent of the neglect;

(5) The nature and extent of the sexual abuse;

(6) Any evidence of previous injuries, including their nature and extent; and

(7) Any other information which may be helpful in establishing the cause of the child's or adult dependent or developmentally disabled person's death, injury, or injuries and the identity of the alleged perpetrator or perpetrators.

Sec. 5. RCW 26.44.050 and 1987 c 450 s 7 and 1987 c 206 ' 5 are each reenacted and amended to read as follows:

Upon the receipt of a report concerning the possible occurrence of abuse or neglect, it shall be the duty of the law enforcement agency ((~~or the department of social and health services~~)) to investigate and provide the protective services section with a report in accordance with the provision of chapter 74.13 RCW, and where necessary to refer such report to the court.

A law enforcement officer may take, or cause to be taken, a child into custody without a court order if there is probable cause to believe that the child is abused or neglected and that the child would be injured or could not be taken into custody if it were necessary to first obtain a court order pursuant to RCW 13.34.050. The law enforcement agency ((~~or the department of social and health services~~)) investigating such a report is hereby authorized to photograph such a child or adult dependent or developmentally disabled person for the purpose of providing documentary evidence of the physical condition of the child, adult dependent, or developmentally disabled person.

Sec. 6. RCW 26.44.060 and 1988 c 142 s 3 are each amended to read as follows:

(1)(a) Except as provided in (b) of this subsection, any person participating in good faith in the making of a report pursuant to this chapter or testifying as to alleged child abuse or neglect in a judicial proceeding shall in so doing be immune from any liability arising out of such reporting or testifying under any law of this state or its political subdivisions.

(b) A person convicted of a violation of subsection (4) of this section shall not be immune from liability under (a) of this subsection.

(2) An administrator of a hospital or similar institution or any physician licensed pursuant to chapters 18.71 or 18.57 RCW taking a child into custody pursuant to RCW 26.44.056 shall not be subject to criminal or civil liability for such taking into custody.

(3) Conduct conforming with the reporting requirements of this chapter shall not be deemed a violation of the confidential communication privilege of RCW 5.60.060 (3) and (4), 18.53.200, and 18.83.110. Nothing in this chapter shall be construed as to supersede or abridge remedies provided in chapter 4.92 RCW.

(4) A person who, intentionally and in bad faith or maliciously, knowingly makes a false report of abuse or neglect shall be guilty of a misdemeanor punishable in accordance with RCW 9A.20.021. A person who is convicted of making a false report of abuse or neglect is liable to the state for the costs of investigating and prosecuting the case. The person is also liable to the falsely accused person for costs incurred due to the investigation or prosecution. This subsection does not limit civil remedies available to a person who is falsely accused of abuse or neglect.

Sec. 7. RCW 10.97.060 and 1977 ex.s. c 314 s 6 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, criminal history record information which consists of nonconviction data only shall be subject to deletion from criminal justice agency files which are available and generally searched for the purpose of responding to inquiries concerning the criminal history of a named or otherwise identified individual when two years or longer have elapsed since the record became nonconviction data as a result of the entry of a disposition favorable to the defendant, or upon the passage of three years from the date of arrest or issuance of a citation or warrant for an offense for which a conviction was not obtained unless the defendant is a fugitive, or the case is under active prosecution according to a current certification made by the prosecuting attorney.

Such criminal history record information consisting of nonconviction data shall be deleted upon the request of the person who is the subject of the record((~~: PROVIDED, HOWEVER, That~~)). The criminal justice agency maintaining the data may, at its option, refuse to make the deletion if:

((~~(1)~~)) (a) The disposition was a deferred prosecution or similar diversion of the alleged offender;

((~~(2)~~)) (b) The person who is the subject of the record has had a prior conviction for a felony or gross misdemeanor;

((~~(3)~~)) (c) The individual who is the subject of the record has been arrested for or charged with another crime during the intervening period.

(2) Criminal justice agencies must delete nonconviction data concerning allegations of abuse or neglect made under chapter 26.44 RCW when notified, pursuant to RCW 26.44.035, that the data must be deleted from the files. The person who is the subject of the record is not required to request deletion of the nonconviction data under this subsection.

(3) Nothing in this chapter is intended to restrict the authority of any court, through appropriate judicial proceedings, to order the modification or deletion of a record in a particular cause or concerning a particular individual or event.

NEW SECTION. Sec. 8. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned.