H-2335

AN ACT Relating to investigations involving children as witnesses and victims; amending RCW 74.14B.010 and 26.44.035; adding a new section to chapter 43.101 RCW; adding a new section to chapter 26.44 RCW; adding a new section to chapter 43.20A RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The state of Washington affirms the importance of ensuring that crimes involving child sexual abuse are investigated thoroughly and objectively. Children who have been victims of crime deserve to have those who committed the crimes against them brought to justice. Those who may have been accused should expect that investigative agencies will make every effort to conduct thorough and impartial investigations.

The best approach to investigations of child sexual abuse crimes involves a coordinated effort by investigative agencies that minimizes repetitive investigative interviews and improves the quality of the investigations. Specialized training for child interviewers investigating child sexual abuse should be available throughout the state of Washington.

NEW SECTION. Sec. 2. A new section is added to chapter 43.101 RCW to read as follows:

Specialized training shall be provided for persons responsible for investigating child sexual abuse. Such training shall include information about developmental considerations in language and communication abilities, the nature and consequences of victimization that may affect willingness and ability to report crime, memory and suggestibility, methods and techniques for eliciting accurate and complete information, and methods and techniques for preserving interviews. Training participants shall have the opportunity to practice interview skills and receive feedback from instructors. The commission, the department of social and health services, the Washington association of sheriffs and police chiefs, and the Washington association of prosecuting attorneys shall design and implement state-wide training that contains consistent elements for persons engaged in the interviewing of children for child sexual abuse cases, including law enforcement, prosecution, and child protective services.

NEW SECTION. Sec. 3. A new section is added to chapter 26.44 RCW to read as follows:

(1) The Washington institute for public policy shall convene a group including representatives of the department, the Washington association of sheriffs and police chiefs, the Washington coalition for sexual assault programs, and prosecuting attorneys to develop model written protocols for establishing multidisciplinary investigations. The protocols shall include interviewing techniques and procedures for recording interviews for sexual abuse cases and shall be adhered to by the department and law enforcement agencies.

(2) Each agency involved in investigating child sexual abuse shall document its role in handling cases and how it will coordinate with other local agencies or systems and shall adopt a local protocol based on the state standard. The department and local law enforcement agencies may include other agencies and systems that are involved with child sexual abuse victims in the multidisciplinary coordination.

(3) Each county shall develop a written protocol for handling criminal child sexual abuse investigations. The protocol shall address the coordination of child sexual abuse investigations between the prosecutor's office, law enforcement, the department, local advocacy groups, and any other local agency involved in the criminal investigation of child sexual abuse. The protocol shall be developed by the prosecuting attorney with the assistance of the agencies referenced in this subsection.

(4) Local protocols under this section shall be adopted and in place by July 1, 2000.

Sec. 4. RCW 74.14B.010 and 1987 c 503 s 8 are each amended to read as follows:

(1) Caseworkers employed in children services shall meet minimum standards established by the department of social and health services. Comprehensive training for caseworkers shall be completed before such caseworkers are assigned to case-carrying responsibilities without direct supervision. Intermittent, part-time, and standby workers shall be subject to the same minimum standards and training.

(2) Specialized training shall be provided for persons responsible for investigating child sexual abuse. Such training shall include information about developmental considerations in language and communication abilities, the nature and consequences of victimization that may affect willingness and ability to report crime, memory and suggestibility, methods and techniques for eliciting accurate and complete information, and methods and techniques for preserving interviews. Training participants shall have the opportunity to practice interview skills and receive feedback from instructors. The department, the criminal justice training commission, the Washington association of sheriffs and police chiefs, and the Washington association of prosecuting attorneys shall design and implement state-wide training that contains consistent elements for persons engaged in the interviewing of children, including law enforcement, prosecution, and child protective services.

NEW SECTION. Sec. 5. A new section is added to chapter 43.20A RCW to read as follows:

The department shall establish up to three pilot projects involving child sexual abuse investigations. The projects shall follow written protocols and use different methods and techniques to conduct and preserve interviews with alleged child victims of sexual abuse. The department shall provide the appropriate committees of the senate and house of representatives an interim report by December 15, 1999, and a final report by December 15, 2000.

Sec. 6. RCW 26.44.035 and 1997 c 386 s 26 are each amended to read as follows:

If the department or a law enforcement agency responds to a complaint of alleged child abuse or neglect and discovers that another agency has also responded to the complaint, the agency shall notify the other agency of their presence, and the agencies shall coordinate the investigation and keep each other apprised of progress.

The department, each law enforcement agency, each county prosecuting attorney, each city attorney, and each court shall make as soon as practicable a written record and shall maintain records of all incidents of suspected child abuse reported to that person or agency. Written records involving child sexual abuse shall, at a minimum, be a near verbatim record for the disclosure interview. The near verbatim record shall be produced within fifteen calendar days of the disclosure interview, unless waived by management on a case-by-case basis. Records kept under this section shall be identifiable by means of an agency code for child abuse.

NEW SECTION. Sec. 7. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1999, in the omnibus appropriations act, this act is null and void.