H‑1813.2   _____________________________________________

SUBSTITUTE HOUSE BILL 1344

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By House Committee on Children & Family Services (originally sponsored by Representatives Dickerson, Tokuda, Ballasiotes, Kagi and Kenney)

READ FIRST TIME 02/26/01. 

_1      AN ACT Relating to the definition of negligent treatment or

_2  maltreatment; and amending RCW 26.44.020.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      Sec. 1.  RCW 26.44.020 and 2000 c 162 s 19 are each amended to read

_5  as follows:

_6      The definitions in this section apply throughout this chapter

_7  unless the context clearly requires otherwise.

_8      (1) "Court" means the superior court of the state of

_9  Washington, juvenile department.

10      (2) "Law enforcement agency" means the police department, the

11  prosecuting attorney, the state patrol, the director of public

12  safety, or the office of the sheriff.

13      (3) "Practitioner of the healing arts" or "practitioner" means

14  a person licensed by this state to practice podiatric medicine and

15  surgery, optometry, chiropractic, nursing, dentistry, osteopathic

16  medicine and surgery, or medicine and surgery or to provide other

17  health services.  The term "practitioner" includes a duly accredited

18  Christian Science practitioner:  PROVIDED, HOWEVER, That a person

                               p. 1                      SHB 1344

_1  who is being furnished Christian Science treatment by a duly

_2  accredited Christian Science practitioner will not be considered,

_3  for that reason alone, a neglected person for the purposes of this

_4  chapter.

_5      (4) "Institution" means a private or public hospital or any

_6  other facility providing medical diagnosis, treatment or care.

_7      (5) "Department" means the state department of social and

_8  health services.

_9      (6) "Child" or "children" means any person under the age of

10  eighteen years of age.

11      (7) "Professional school personnel" include, but are not

12  limited to, teachers, counselors, administrators, child care

13  facility personnel, and school nurses.

14      (8) "Social service counselor" means anyone engaged in a

15  professional capacity during the regular course of employment in

16  encouraging or promoting the health, welfare, support or education

17  of children, or providing social services to adults or families,

18  including mental health, drug and alcohol treatment, and domestic

19  violence programs, whether in an individual capacity, or as an

20  employee or agent of any public or private organization or

21  institution.

22      (9) "Psychologist" means any person licensed to practice

23  psychology under chapter 18.83 RCW, whether acting in an

24  individual capacity or as an employee or agent of any public or

25  private organization or institution.

26      (10) "Pharmacist" means any registered pharmacist under chapter

27  18.64 RCW, whether acting in an individual capacity or as an

28  employee or agent of any public or private organization or

29  institution.

30      (11) "Clergy" means any regularly licensed or ordained

31  minister, priest, or rabbi of any church or religious

32  denomination, whether acting in an individual capacity or as an

33  employee or agent of any public or private organization or

34  institution.

35      (12) "Abuse or neglect" means the injury, sexual abuse, sexual

36  exploitation, negligent treatment, or maltreatment of a child by

37  any person under circumstances which indicate that the child's

SHB 1344                       p. 2

_1  health, welfare, and safety is harmed, excluding conduct permitted

_2  under RCW 9A.16.100.  An abused child is a child who has been

_3  subjected to child abuse or neglect as defined in this section.

_4      (13) "Child protective services section" means the child

_5  protective services section of the department.

_6      (14) "Sexual exploitation" includes:  (a) Allowing, permitting,

_7  or encouraging a child to engage in prostitution by any person; or

_8  (b) allowing, permitting, encouraging, or engaging in the obscene

_9  or pornographic photographing, filming, or depicting of a child by

10  any person.

11      (15) "Negligent treatment or maltreatment" means an act or

12  omission, or an identifiable pattern of conduct, that evidences

13  ((a serious disregard of consequences of such magnitude as to

14  constitute a clear and present danger to the child's health,

15  welfare, and safety)) the failure of a parent or guardian, or

16  other person having custody and control of a child, to exercise a

17  minimum degree of care in supplying the child with adequate food,

18  clothing, shelter, sanitation, medical treatment, or supervision,

19  though financially able to do so or though offered financial or

20  other reasonable means to do so, which results in a child whose

21  physical, mental, or emotional condition has been impaired or is

22  at substantial risk of impairment.  The fact that siblings share a

23  bedroom is not, in and of itself, negligent treatment or

24  maltreatment.

25      (16) "Child protective services" means those services provided

26  by the department designed to protect children from child abuse

27  and neglect and safeguard such children from future abuse and

28  neglect, and conduct investigations of child abuse and neglect

29  reports.  Investigations may be conducted regardless of the location

30  of the alleged abuse or neglect.  Child protective services includes

31  referral to services to ameliorate conditions that endanger the

32  welfare of children, the coordination of necessary programs and

33  services relevant to the prevention, intervention, and treatment

34  of child abuse and neglect, and services to children to ensure

35  that each child has a permanent home.  In determining whether

36  protective services should be provided, the department shall not

37  decline to provide such services solely because of the child's

                               p. 3                      SHB 1344

_1  unwillingness or developmental inability to describe the nature

_2  and severity of the abuse or neglect.

_3      (17) "Malice" or "maliciously" means an evil intent, wish, or

_4  design to vex, annoy, or injure another person.  Such malice may be

_5  inferred from an act done in willful disregard of the rights of

_6  another, or an act wrongfully done without just cause or excuse,

_7  or an act or omission of duty betraying a willful disregard of

_8  social duty.

_9      (18) "Sexually aggressive youth" means a child who is defined

10  in RCW 74.13.075(1)(b) as being a sexually aggressive youth.

11      (19) "Unfounded" means available information indicates that,

12  more likely than not, child abuse or neglect did not occur.  No

13  unfounded allegation of child abuse or neglect may be disclosed to

14  a child-placing agency, private adoption agency, or any other

15  provider licensed under chapter 74.15 RCW.

‑‑‑ END ‑‑‑

SHB 1344                       p. 4