HOUSE BILL REPORT
ESSB 5922
As Reported by House Committee On:
Children & Family Services
Title: An act relating to investigations of child abuse or neglect.
Brief Description: Changing procedures for investigations of child abuse or neglect.
Sponsors: Senate Committee on Human Services & Corrections (originally sponsored by Senators Stevens, Hargrove, Roach, Schmidt, Zarelli, Carrell and Finkbeiner).
Brief History:
Children & Family Services: 3/28/05, 3/31/05 [DPA].
Brief Summary of Engrossed Substitute Bill (As Amended by House Committee) |
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HOUSE COMMITTEE ON CHILDREN & FAMILY SERVICES
Majority Report: Do pass as amended. Signed by 5 members: Representatives Kagi, Chair; Roberts, Vice Chair; Darneille, Dickerson and Pettigrew.
Minority Report: Do not pass. Signed by 4 members: Representatives Hinkle, Ranking Minority Member; Walsh, Assistant Ranking Minority Member; Dunn and Haler.
Staff: Sonja Hallum (786-7092).
Background:
The Department of Social and Health Services (DSHS) has the responsibility to investigate
allegations of child abuse or neglect. The DSHS must investigate complaints of any recent
act, or failure to act, on the part of a parent or caretaker that results in death, serious physical
or emotional harm, sexual abuse or exploitation, or that presents an imminent risk of serious
harm to a child.
A person who is the subject of the investigation by the DSHS is entitled to constitutional
protections, as well as state and federal statutory protections. In the 2003 amendments to the
Child Abuse Prevention and Treatment Act (CAPTA) the federal statutes require states to
enact state laws that include the following:
(1) provisions and procedures to require that a representative of the child protective
services agency shall, at the initial time of contact with the individual subject to a child
abuse and neglect investigation, advise the individual of the complaints or allegations
made against the individual, in a manner that is consistent with laws protecting the rights
of the informant; and
(2) provisions addressing the training of representatives of the child protective services
system regarding the legal duties of the representatives.
In Washington, when the DSHS investigates reports of child abuse or neglect, the DSHS is
required by statute to notify the alleged perpetrator of the allegations at the earliest possible
point in the investigation that will not jeopardize the safety and protection of the child or the
investigation process. Additionally, the parents are entitled to written notice of the
allegations made against them and their rights.
The DSHS is also required to maintain appropriate confidentiality of persons making the
report of child abuse or neglect.
Based on findings of the investigation, the DSHS is required to offer services to a family and
to bring the situation to the attention of the appropriate court or community agency, including
law enforcement if a crime may have been committed against a child.
If the investigation results in allegations of abandonment, abuse or neglect, or no parent who
is capable of caring for a child, the DSHS may file a dependency petition with the court. If
the court finds the statutory requirements for a dependency have been met, the court will find
the child to be a dependent of the state.
Summary of Amended Bill:
The DSHS must notify an individual who is the subject of an abuse or neglect investigation
of complaints and allegations against the individual at the initial point of contact, unless such
notice will jeopardize the safety or protection of the child or the course of the investigation.
The notice given to the individual must be consistent with the laws protecting the rights of
persons making the complaints or allegations.
The DSHS is required to train caseworkers in the legal duties of the agency.
The duty of the DSHS to investigate reports of child abuse or neglect is clarified to require
that the DSHS conduct an investigation when the alleged perpetrator is the guardian or legal
custodian of the child, a member of the household, or other caretaker of the child.
The definition of "abuse or neglect" is changed to include the negligent treatment or
maltreatment of a child by the person responsible for caring for the child under circumstances
which cause harm, or present a substantial threat of harm, to the child's health, safety, or
welfare.
The definition of "negligent treatment or maltreatment" is changed to include the failure to
act, or the cumulative effects of a pattern of conduct, behavior, or inaction that clearly
demonstrates a serious disregard of consequences of such magnitude as to cause harm to or
present a substantial threat of harm to the child's physical, mental or cognitive development.
When an investigation by the DSHS results in a determination that action must be taken to
protect a child from negligent treatment or maltreatment, the DSHS may enter into a
voluntary agreement with the parents to correct the deficiencies that are placing the child at
risk. If the DSHS finds that the parents are available and willing to participate on a voluntary
basis with treatment, the DSHS may agree that the child remain in the home pending the
completion of such services and treatment. If the parents refuse to accept, or fail to obtain,
appropriate treatment or services, the DSHS may file a dependency petition.
If a dependent child is ordered to be returned home, the in-home placement is contingent on
the cooperation and compliance of the parent in services, the case plan, and court order. The
failure of the parent to comply with the services, case plan, or court order may be grounds for
removal of the child from the parent's home.
The DSHS is required to report to the Legislature on the implementation of the act by
December 1, 2006.
The short title of the bill is the "Justice and Raiden Act".
Amended Bill Compared to Engrossed Substitute Bill:
The amended bill changes the definitions of "child abuse or neglect" and "negligent treatment
or maltreatment" to include chronic neglect situations.
The duty of the DSHS is clarified to permit the DSHS to offer voluntary services to parents
when the DSHS investigation results in a determination that the child is at risk of "negligent
treatment or maltreatment" rather than when the child is at risk of the broader term of "abuse
and neglect."
The requirement is added that when the court orders a dependent child be returned to, or
remain in, the child's home the in-home placement is contingent upon the parent's compliance
with the services, case plan and court order. The parent's noncompliance with the services,
case plan, or court order may be grounds for removal of the child from the home, subject to
review by the court.
The amended bill adds the reporting requirement, effective date, and short title.
Appropriation: None.
Fiscal Note: Requested on March 31, 2005.
Effective Date of Amended Bill: The bill contains an emergency clause and takes effect on January 1, 2006.
Testimony For: (Engrossed substitute bill) This was brought to my attention by a constituent who is concerned about what is happening at the federal level. There was an amendment added in committee that should be changed to bring the language back to the original bill. The piece that requires training of caseworkers was left out of the Senate bill. This bill would help get cases moved along more quickly to get to the cases that need to be addressed. We are concerned about the language "unless it jeopardized the investigation" becoming a loophole. This bill adds strength to the due process that is already provided.
Testimony Against: None.
Persons Testifying: Senator Stevens, prime sponsor; and DiAnna Brannan, Christian Home School Network.