AN ACT Relating to
reports of abuse of children and adult dependent and developmentally disabled
persons; amending RCW 26.44.030; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that including certain department of corrections personnel among the
professionals who are mandated to report suspected abuse or neglect of
children, dependent adults, or people with developmental disabilities is an
important step toward improving the protection of these vulnerable
populations. The legislature intends, however, to limit the circumstances
under which department of corrections personnel are mandated reporters of
suspected abuse or neglect to only those circumstances when the information is
obtained during the course of their employment. This act is not to be
construed to alter the circumstances under which other professionals are
mandated to report suspected abuse or neglect, nor is it the legislature's
intent to alter current practices and procedures utilized by other professional
organizations who are mandated reporters under RCW 26.44.030(1)(a).
Sec. 2. 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 department of corrections personnel who, in the
course of their employment, observe offenders or the children with whom the
offenders are in contact. If, as a result of observations or information
received in the course of his or her employment, any department of corrections
personnel 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 the 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.
(c) 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))) (d)
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) Any county
prosecutor or city attorney receiving a report under subsection (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.
(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.
(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.
(9) Persons or agencies
exchanging information under subsection (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.
(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.
(11) 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) 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.
(13) 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) Upon
receipt of a report of abuse or neglect 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.
