H-3906.2          _______________________________________________

                                  HOUSE BILL 2696

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By Representatives Sheahan, Dellwo, Foreman, Appelwick, Hickel, Brown, Sterk, Kessler, Delvin, Conway, L. Thomas, Patterson, Chandler, Cody, Clements, Schoesler, Dyer, Costa, Sherstad, K. Schmidt, Quall, Skinner, Cole, Hankins, Scott, Radcliff, Ballasiotes, Morris, Pennington, Dickerson, Talcott, Chopp, Mastin, Murray, Romero, Scheuerman, Lambert, Grant, Huff, Ogden, Wolfe, Cairnes, Carrell, Hymes, Regala, Johnson, Rust, Elliot, D. Schmidt, Keiser, Hargrove, Linville, Poulsen, Mason, Backlund, Thompson and Benton

Read first time 01/16/96.  Referred to Committee on Children & Family Services.

Creating an office of inspector general to investigate improper actions committed within the department of social and health services.

     AN ACT Relating to an inspector general; adding a new chapter to Title 43 RCW; and creating a new section.

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) "Improper action" means a crime, civil offense, administrative violation, coercion, or other improper act committed by the department or its employees or agents with respect to family interventions or other activities of the department.

     (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 at the rank of lieutenant.  The inspector general shall be appointed by the chief.

     (2) The inspector general shall investigate allegations of improper actions by the department.  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 improper actions.

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

NEW SECTION. Sec. 3.  The speaker of the house of representatives and the president of the senate shall convene a joint meeting of the law and justice committees and the children and family services committees, or their successors, every December to review reports and recommendations of the inspector general.

NEW SECTION. Sec. 4.  (1) The inspector general shall:

     (a) Conduct, supervise, and coordinate investigations dealing with allegations of improper actions;

     (b) Establish a hotline to receive complaints of alleged improper actions;

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

     (d) Recommend policy changes as they relate to the investigation by the department of child abuse and neglect;

     (e) Keep the law and justice committees and the children and family services committees, or their successors, of the house of representatives and the senate, and the secretary of the department informed by means of reports concerning improper actions; and

     (f) 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 appropriate prosecuting authority for possible criminal prosecution.

     (2) If the inspector general discovers that an employee has taken improper governmental action, as defined in RCW 42.40.020, the inspector general may report the improper governmental action to the auditor under chapter 42.40 RCW.

NEW SECTION. Sec. 5.  To the extent that prior to the effective date of this act the department has performed the investigative duties given by this chapter to the inspector general, the department shall no longer perform those duties and the department's appropriation in the omnibus appropriations act shall be reduced accordingly.

NEW SECTION. Sec. 6.  If specific funding for purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the omnibus appropriations act, this act is null and void.

NEW SECTION. Sec. 7.  Sections 1 through 5 of this act shall constitute a new chapter in Title 43 RCW.

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