AN
ACT Relating to the definition of negligent treatment of a child; amending RCW
26.44.020; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that housing is frequently influenced by the economic
situation faced by the family. This may include siblings sharing a bedroom.
The legislature also finds that the family living situation due to economic
circumstances in and of itself is not sufficient to justify a finding of child
abuse, negligent treatment, or maltreatment.
Sec.
2. 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 pediatric 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" shall mean the injury, sexual abuse, sexual
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. An
abused child is a child who has been subjected to child abuse or neglect as
defined herein.
(13)
"Child protective services section" shall mean the child protective
services section of the department.
(14)
"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)
"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)
"Negligent treatment or maltreatment" means an act or omission which
evidences a serious disregard of consequences of such magnitude as to
constitute a clear and present danger to the child's health, welfare, and
safety. The fact that siblings share a bedroom is not, in and of itself,
"negligent treatment or maltreatment."
(17)
"Developmentally disabled person" means a person who has a disability
defined in RCW 71A.10.020.
(18)
"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)
"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) "Sexually aggressive youth" means a child who is
defined in RCW 74.13.075(1)(b) as being a "sexually aggressive
youth."
