H-2173.1 _______________________________________________
HOUSE BILL 2210
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Representatives Benson and Mielke
Read first time 02/26/97. Referred to Committee on Children & Family Services.
AN ACT Relating to definitions of abuse of children, adult dependents, and developmentally disabled persons; and amending RCW 26.44.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 26.44.020 and 1996 c 178 s 10 are each amended to read as follows:
For the purpose of and as used in this chapter:
(1) "Court" means the superior court of the state of Washington, juvenile department.
(2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff.
(3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery or to provide other health services. The term "practitioner" shall include a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not be considered, for that reason alone, a neglected person for the purposes of this chapter.
(4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care.
(5) "Department" means the state department of social and health services.
(6) "Child" or "children" means any person under the age of eighteen years of age.
(7) "Professional school personnel" shall include, but not be limited to, teachers, counselors, administrators, child care facility personnel, and school nurses.
(8) "Social service counselor" shall mean anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution.
(9) "Psychologist" shall mean any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.
(10) "Pharmacist" shall mean any registered pharmacist under the provisions of chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.
(11) "Clergy" shall mean any regularly licensed or ordained minister, priest or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.
(12)
"Abuse or neglect of a child" ((shall mean the injury,
sexual abuse, sexual exploitation,)) means a recent act or failure to
act on the part of a parent or caretaker, which results in death, serious
physical or emotional harm, sexual abuse, exploitation, negligent
treatment((,)) or maltreatment ((of a child, adult dependent, or
developmentally disabled person by any person under circumstances which
indicate that the child's or adult's health, welfare, and safety is harmed)),
or an act or failure to act which presents an imminent risk of serious harm.
An abused child is a child who has been subjected to child abuse or neglect as
defined herein.
(13) "Abuse or neglect of an adult dependent or developmentally disabled person" means any of the acts or failures to act, specified in subsection (12) of this section, by a person under circumstances which indicate that the adult's health, welfare, and safety is harmed.
(14) "Child protective services section" shall mean the child protective services section of the department.
(((14)))
(15) "Adult dependent persons" shall be defined as those
persons over the age of eighteen years who have been found to be legally
incompetent or disabled pursuant to chapter 11.88 RCW.
(((15)))
(16) "Sexual exploitation" includes: (a) Allowing,
permitting, or encouraging a child to engage in prostitution by any person; or (b)
allowing, permitting, encouraging, or engaging in the obscene or pornographic
photographing, filming, or depicting of a child by any person.
(((16)))
(17) "Negligent treatment or maltreatment" means an act or
omission which evidences a serious disregard of consequences of such magnitude
as to constitute a ((clear)) specific and ((present)) imminent
danger to the child's health, welfare, and safety. "Specific
danger" shall not include speculation as to possible harm. "Imminent
danger" shall not include danger unless it will, more probably than not,
immediately occur.
(((17)))
(18) "Developmentally disabled person" means a person who has
a disability defined in RCW 71A.10.020.
(((18)))
(19) "Child protective services" means those services provided
by the department designed to protect children from child abuse and neglect and
safeguard the general welfare of such children and shall include investigations
of child abuse and neglect reports, including reports regarding child care
centers and family child care homes, and the development, management, and
provision of or referral to services to ameliorate conditions which endanger
the welfare of children, the coordination of necessary programs and services
relevant to the prevention, intervention, and treatment of child abuse and
neglect, and services to children to ensure that each child has a permanent
home. In determining whether protective services should be provided, the
department shall not decline to provide such services solely because of the
child's unwillingness or developmental inability to describe the nature and
severity of the abuse or neglect.
(((19)))
(20) "Malice" or "maliciously" means an evil intent,
wish, or design to vex, annoy, or injure another person. Such malice may be
inferred from an act done in wilful disregard of the rights of another, or an
act wrongfully done without just cause or excuse, or an act or omission of duty
betraying a wilful disregard of social duty.
(((20)))
(21) "Sexually aggressive youth" means a child who is defined
in RCW 74.13.075(1)(b) as being a "sexually aggressive youth."
(22) "Serious physical harm" means bodily injury which: (a) Involves a temporary but substantial disfigurement; (b) causes a temporary but substantial loss or impairment of the function of a body part or organ; or (c) causes a fracture of a body part.
(23) "Serious emotional harm" means clear and convincing evidence that a child is incapable of normal daily functioning as a direct result of harm.
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