S-0415.2  _______________________________________________

                         SENATE BILL 5512

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senators Stevens, Hargrove, Benton, Haugen, Strannigan, Hochstatter, Rasmussen, Schow and Oke

Read first time 01/29/97.  Referred to Committee on Human Services & Corrections.

Prohibiting requiring the admission of guilt to receive treatment in child abuse and neglect.

    AN ACT Relating to admittance of guilt in child abuse and neglect; and amending RCW 26.44.140.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 26.44.140 and 1991 c 301 s 15 are each amended to read as follows:

    The court shall require that an individual who, while acting in a parental role, has physically or sexually abused a child and has been removed from the home pursuant to a court order issued in a proceeding under chapter 13.34 RCW, prior to being permitted to reside in the home where the child resides, complete the treatment and education requirements necessary to protect the child from future abuse.  The court may require the individual to continue treatment as a condition for remaining in the home where the child resides.  Unless a parent, custodian, or guardian has been convicted of the crime for the acts of abuse determined in a fact-finding hearing under chapter 13.34 RCW, such person shall not be required to admit guilt or the existence of any facts in order to complete successfully any necessary treatment and education requirements under this section.

    The department of social and health services or supervising agency shall be responsible for advising the court as to appropriate treatment and education requirements, providing referrals to the individual, monitoring and assessing the individual's progress, informing the court of such progress, and providing recommendations to the court.

    The person removed from the home shall pay for these services unless the person is otherwise eligible to receive financial assistance in paying for such services.  Nothing in this section shall be construed to create in any person an entitlement to services or financial assistance in paying for services.

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