3083-S AMS CFC S5028.1

SHB 3083 - S COMM AMD

By Committee on Children & Family Services & Corrections

ADOPTED 03/05/2004

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 26.44.060 and 1997 c 386 s 29 are each amended to read as follows:

(1)(a) Except as provided in (b) of this subsection, any person participating in good faith in the making of a report pursuant to this chapter or testifying as to alleged child abuse or neglect in a judicial proceeding shall in so doing be immune from any liability arising out of such reporting or testifying under any law of this state or its political subdivisions.

(b) A person convicted of a violation of subsection (4) of this section shall not be immune from liability under (a) of this subsection.

(2) An administrator of a hospital or similar institution or any physician licensed pursuant to chapters 18.71 or 18.57 RCW taking a child into custody pursuant to RCW 26.44.056 shall not be subject to criminal or civil liability for such taking into custody.

(3) Conduct conforming with the reporting requirements of this chapter shall not be deemed a violation of the confidential communication privilege of RCW 5.60.060 (3) and (4), 18.53.200 and 18.83.110. Nothing in this chapter shall be construed as to supersede or abridge remedies provided in chapter 4.92 RCW.

(4) A person who, intentionally and in bad faith or maliciously, knowingly makes a false report of alleged abuse or neglect shall be guilty of a misdemeanor punishable in accordance with RCW 9A.20.021.

(5) A person who, in good faith and without gross negligence, cooperates in an investigation arising as a result of a report made pursuant to this chapter, shall not be subject to civil liability arising out of his or her cooperation. This subsection does not apply

to a person who caused or allowed the child abuse or neglect to occur."

SHB 3083 - S COMM AMD

By Committee on Children & Family Services & Corrections

ADOPTED 03/05/2004

On page 1, line 2 of the title, after "neglect;" strike the remainder of the title and insert "and amending RCW 26.44.060."

EFFECT: Creates a limitation on liability for persons cooperating with an investigation.

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