BILL REQ. #:  H-4648.1 

READ FIRST TIME 02/02/06.   

     AN ACT Relating to protocols for addressing the impact of domestic violence on children; amending RCW 26.44.020; adding new sections to chapter 26.44 RCW; creating a new section; and providing an effective date.

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

NEW SECTION.  Sec. 1   The legislature finds that there is a lack of common understanding among victim advocates, child welfare authorities, law enforcement, and the courts in dealing with the effects of domestic violence on families. Problems raised by domestic violence are compounded by differing perspectives about how to address its impact on families. The legislature also finds that discussion and resolution of these perspectives is essential to the common goal of protecting children. Efforts to enhance the safety and support of nonoffending parents lead to increased safety and well-being for children. The legislature further finds that in cases of child abuse or neglect, reasonable intervention should include appropriate training for individuals in agencies involved with domestic violence, routine screening for domestic violence, and referrals to appropriate services and relevant intervention for every family member. The legislature acknowledges the efforts of the Washington state gender and justice commission in its work on the Washington state coordinated response protocol project and developing a template for regional and local protocols for coordinated response to child maltreatment and domestic violence.

NEW SECTION.  Sec. 2   A new section is added to chapter 26.44 RCW to read as follows:
     (1) The department, upon investigation of a report that a child has been abused or neglected as defined in this chapter, shall make reasonable efforts to determine whether domestic violence as defined in RCW 26.50.010 was a contributing factor to the alleged abuse or neglect.
     (2) The department shall, in collaboration with experts in the field of domestic violence and advocates for victims of domestic violence, review its current policies and procedures for intake, risk assessment, referrals, and investigation to determine whether they provide an adequate and appropriate means of screening cases to determine the presence, extent, and impact of domestic violence on the health, safety, and welfare of the children who are the subjects of the reports of alleged abuse and neglect. The review shall include, but is not limited to, methods and tools for:
     (a) Identifying indicators of domestic violence;
     (b) Interviewing techniques that do not increase the risk of danger to the adult victim of domestic violence or child;
     (c) Identifying protective factors and behaviors that may reduce the risk of harm to the child;
     (d) Appropriate interventions and referrals for members of the family.
     (3) The department shall report to the Washington state coordinated response protocol project by June 1, 2007, regarding the results of its review and what changes the department made or will be making to improve its screening and investigation of cases, to determine if domestic violence is a contributing factor to child abuse or neglect and any training needed to implement the changes. The Washington state coordinated response protocol project shall report the information received from the department to the legislature by July 1, 2007.

NEW SECTION.  Sec. 3   A new section is added to chapter 26.44 RCW to read as follows:
     (1) The department is encouraged to coordinate with the courts, local law enforcement agencies, and other agencies and systems that are involved with domestic violence victims to develop written protocols for intervening in cases where allegations of child abuse or neglect and domestic violence co-occur. The protocols shall be consistent with the template for coordinated response to child maltreatment and domestic violence developed by the Washington state coordinated response protocol project. The protocols shall address the coordination of interventions between the department, local domestic violence advocacy groups and shelters, courts, local law enforcement agencies, and any other local agency involved in responding to domestic violence. Protocols shall be developed and implemented in each region of the department and may be developed on a county or local basis as the protocol participants deem necessary.
     (2)(a) The Washington state coordinated response protocol project shall review methods to have comprehensive assessments done of alleged domestic violence perpetrators in cases with co-occurring allegations of child abuse or neglect and domestic violence. The review shall include, but is not limited to:
     (i) The methodology, purpose, and effectiveness of such comprehensive assessments;
     (ii) The cost of conducting comprehensive assessments;
     (iii) Who shall conduct comprehensive assessments and what training or professional qualifications shall be required; and
     (iv) Potential legal barriers to obtaining comprehensive assessments on a timely basis.
     (b) A primary purpose of comprehensive assessments shall be to hold the perpetrator of domestic violence accountable for the domestic violence and any subsequent risk posed by his or her behavior. The perpetrator of domestic violence shall pay for the comprehensive assessment, unless the person is otherwise eligible to receive financial assistance in paying for such services. Nothing in this section shall be construed to create in any person an entitlement to services or financial assistance in paying for services.
     (3) The protocols required under this section shall be adopted by July 1, 2007, and submitted to the Washington state coordinated response protocol project. The project shall regularly report to the legislature upon the status of adoption of regional or local protocols. The project shall report to the legislature by July 1, 2007, regarding the results of the reviews required under subsection (2) of this section.

Sec. 4   RCW 26.44.020 and 2005 c 512 s 5 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (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" includes 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 will 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" include, but are not limited to, teachers, counselors, administrators, child care facility personnel, and school nurses.
     (8) "Social service counselor" means 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" means 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" means any registered pharmacist under 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" means 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" means sexual abuse, sexual exploitation, or injury of a child by any person under circumstances which cause harm to the child's health, welfare, or safety, excluding conduct permitted under RCW 9A.16.100; or the negligent treatment or maltreatment of a child by a person responsible for or providing care to the child. An abused child is a child who has been subjected to child abuse or neglect as defined in this section.
     (13) "Child protective services section" means the child protective services section of the department.
     (14) "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.
     (15) "Negligent treatment or maltreatment" means an act or a failure to act, or the cumulative effects of a pattern of conduct, behavior, or inaction, that evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to a child's health, welfare, or safety. When considering whether a clear and present danger exists, evidence of a parent's substance abuse as a contributing factor to negligent treatment or maltreatment shall be given great weight. The fact that siblings share a bedroom is not, in and of itself, negligent treatment or maltreatment. Poverty((,)) or homelessness((, or exposure to domestic violence as defined in RCW 26.50.010 that is perpetrated against someone other than the child do [does])) does not constitute negligent treatment or maltreatment in and of themselves (([itself])). Exposure to domestic violence as defined in RCW 26.50.010 that is perpetrated against someone other than a child does not constitute negligent treatment or maltreatment absent a showing that the exposure is so severe or ongoing as to cause harm to or create a clear and present danger of harm to the child's health, welfare, or safety.
     (16) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard such children from future abuse and neglect, and conduct investigations of child abuse and neglect reports. Investigations may be conducted regardless of the location of the alleged abuse or neglect. Child protective services includes referral to services to ameliorate conditions that 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.
     (17) "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 willful 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 willful disregard of social duty.
     (18) "Sexually aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as being a sexually aggressive youth.
     (19) "Unfounded" means available information indicates that, more likely than not, child abuse or neglect did not occur. No unfounded allegation of child abuse or neglect may be disclosed to a child-placing agency, private adoption agency, or any other provider licensed under chapter 74.15 RCW.

NEW SECTION.  Sec. 5   Section 4 of this act takes effect January 1, 2007.