3041 AMH COOK CHAM 7

HB 3041 - H AMDS 949 ADOPTED

By Representative Cooke

     On page 2, line 3, after Astaff member@ strike Ais a witness to@ and insert Ahas direct knowledge of@

     On page 2, after line 12, insert:

A(4) The ombudsman or ombudsman=s staff member has direct knowledge of a failure by any person specified in RCW 26.44.030, including the state family and children=s ombudsman or any volunteer in the ombudsman=s office, to comply with RCW 26.44.030.@

     On page 2, after line 12, insert:

ANEW SECTION. Sec. 3. A new section is added to chapter 43.06A RCW to read as follows:

     Nothing in this chapter shall be construed to conflict with the duty to report specified in RCW 26.44.030.@

     Renumber the remaining sections consecutively and correct the title.

EFFECT: Changes requirement that the ombudsman or ombudsman=s staff member be Aa witness to@ an alleged felony, and provides that the ombudsman or ombudsman=s staff need only have Adirect knowledge of@ an alleged felony in order to be exempted from the testimonial privilege.  Adds an additional exception to the ombudsman=s privilege when the ombudsman, or his or her staff, is aware of a failure by any person listed in RCW 26.44.030 to comply with the duty to report, or cause a report to be made, when he or she has reasonable cause to believe that a child or adult dependent or developmentally disabled person, has suffered abuse or neglect.  Clarifies that the ombudsman=s testimonial privilege  shall not be construed to conflict with the duty of the ombudsman or ombudsman=s staff to make a report, as required by RCW 26.44.030, when she or he has reasonable cause to believe that a child or adult dependent or developmentally disabled person, has suffered abuse or neglect.