AN
ACT Relating to child abuse and neglect information; amending RCW 26.44.100 and
26.44.020; and adding new sections to chapter 26.44 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 26.44 RCW to read as follows:
To
protect the privacy in reporting and the maintenance of reports of
nonaccidental injury, neglect, death, sexual abuse, and cruelty to children by
their parents, and to safeguard against arbitrary, malicious, or erroneous
information or actions, the department shall not maintain information related
to unfounded referrals in files or reports of child abuse or neglect for longer
than six years except as provided in this section.
At
the end of six years from receipt of the unfounded report, the information
shall be purged unless an additional report has been received in the
intervening period.
Sec.
2. RCW
26.44.100 and 1993 c 412 s 17 are each amended to read as follows:
(1)
The legislature finds parents and children often are not aware of their due
process rights when agencies are investigating allegations of child abuse and
neglect. The legislature reaffirms that all citizens, including parents, shall
be afforded due process, that protection of children remains the priority of
the legislature, and that this protection includes protecting the family unit
from unnecessary disruption. To facilitate this goal, the legislature wishes
to ensure that parents and children be advised in writing and orally, if
feasible, of their basic rights and other specific information as set forth in
this chapter, provided that nothing contained in this chapter shall cause any
delay in protective custody action.
(2)
The department shall notify the alleged perpetrator of the allegations of child
abuse and neglect at the earliest possible point in the investigation that will
not jeopardize the safety and protection of the child or the investigation
process.
Whenever
the department completes an investigation of a child abuse or neglect report
under chapter 26.44 RCW, the department shall notify the alleged perpetrator of
the report and the department's investigative findings. The notice shall also
advise the alleged perpetrator that:
(a)
A written response to the report may be provided to the department and that
such response will be filed in the record following receipt by the department;
(b)
Information in the department's record may be considered in subsequent
investigations or proceedings related to child protection or child custody;
(c)
There is currently information in the department's record that may be
considered in determining that the person is disqualified from being licensed
to provide child care, employed by a licensed child care agency, or authorized
by the department to care for children; and
(d)
A person who has demonstrated a good-faith desire to work in a licensed agency
may request an informal meeting with the department to have an opportunity to
discuss and contest the information currently in the record.
(3)
The notification required by this section shall be made by regular mail to the
person's last known address.
(4)
The duty of notification created by this section is subject to the ability of
the department to ascertain the location of the person to be notified. The
department shall exercise reasonable, good-faith efforts to ascertain the
location of persons entitled to notification under this section.
NEW
SECTION. Sec. 3. A
new section is added to chapter 26.44 RCW to read as follows:
The
department shall report annually to the legislature on the number of reports
determined to be unfounded and the percentage of unfounded reports compared to
the total number of reports received by the department. The department shall
also report annually on the number of files or reports from which unfounded
information was purged.
Sec.
4. 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" 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.
(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."
(21)
AUnfounded@ means available evidence indicates that, more
likely than not, child abuse or neglect did not occur.
