H-1316.2 _______________________________________________
HOUSE BILL 1836
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Representatives Costa, Ballasiotes, Mitchell, Quall, Cooke and Ogden
Read first time 02/11/97. Referred to Committee on Children & Family Services.
AN ACT Relating to child, adult dependent, and developmentally disabled person abuse; and amending RCW 26.44.030 and 26.44.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 26.44.030 and 1996 c 278 s 2 are each amended to read as follows:
(1)(a)
When any person, including 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)) person
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.
(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)))
(4) 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 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)))
(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) 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.
Sec. 2. RCW 26.44.080 and 1982 c 129 s 10 are each amended to read as follows:
Every person who is required to make, or to cause to be made, a report pursuant to RCW 26.44.030 and 26.44.040, and who knowingly fails to make, or fails to cause to be made, such report, shall be guilty of a gross misdemeanor, unless the person was prevented from making a report due to threats or abuse.
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