BILL REQ. #:  H-3719.1 

Prefiled 12/29/2005. Read first time 01/09/2006.   Referred to Committee on Juvenile Justice & Family Law.

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

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 routine screening for domestic violence and, in cases where domestic violence is indicated, reasonable intervention should also include a comprehensive assessment regarding the risk posed by the offender, 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 the template 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) When, as a result of a referral to the department regarding alleged child abuse or neglect, an investigation is made that includes an in-person contact with a person alleged to have committed abuse or neglect, there shall be a determination of whether it is probable that domestic violence as defined in RCW 26.50.010 was a contributing factor to the alleged abuse or neglect.
     (2) The department shall provide appropriate training for persons who conduct investigations under subsection (1) of this section and persons who perform assessments under subsection (3) of this section. The training 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 behaviors that may reduce the risk of harm to the adult victim or child;
     (d) Determining risks posed by an alleged domestic violence perpetrator to the adult victim or child;
     (e) Appropriate interventions for the adult victim and the child; and
     (f) Appropriate interventions for the alleged domestic violence perpetrator.
     (3) If a determination is made under subsection (1) of this section that there is probable cause to believe domestic violence has contributed to the child abuse or neglect, the department shall, within available funds, conduct a comprehensive assessment of a person identified as the alleged domestic violence perpetrator. The assessment must be conducted with attention to the safety of potential adult victims of domestic violence and the child. The assessment shall consider:
     (a) The risk of abuse or neglect to the child is not related to the alleged domestic violence by the adult victim of domestic violence;
     (b) The level of risk posed to the child by the alleged perpetrator of domestic violence, including the alleged perpetrator's history of domestic violence;
     (c) The safety of the adult victim of domestic violence and the child;
     (d) Potential protective behaviors that may reduce the risk of harm to the adult victim and the child; and
     (e) The capacity of the adult victim for self-protection and protection of the child.

NEW SECTION.  Sec. 3   A new section is added to chapter 26.44 RCW to read as follows:
     (1) Each agency intervening in cases with co-occurring allegations of child abuse or neglect and domestic violence shall document its role in handling cases and its coordination with other local agencies or systems. The agency shall adopt a local protocol based on the guidelines in subsection (3) of this section. 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.
     (2) Each county shall develop a written protocol for intervening in cases where allegations of child abuse or neglect and domestic violence co-occur. The protocol shall address the coordination of interventions between the department, local advocacy groups, courts, local law enforcement agencies, and any other local agency involved in responding to domestic violence.
     (3) The following recommendations shall serve as guidelines for the development of protocols required under subsection (2) of this section:
     (a) Protocols should articulate a mission statement identifying the target population of the protocol, consistent with the following principles:
     (i) Domestic violence, independently, shall not be considered child maltreatment. A thorough assessment should be conducted to determine the level of risk posed to the child by the occurrence of domestic violence;
     (ii) Increasing the safety, autonomy, and emotional well-being of the adult victim generally leads to safer outcomes for children;
     (iii) Considering the best interests of the children, by keeping them in the care of the adult victim and nonoffending parent;
     (iv) Each family should receive an individualized response that allows for participation in the development of a plan for increased safety for all members of the family;
     (v) A perpetrator of domestic violence should be held accountable for the domestic violence and any subsequent risk posed by such behavior;
     (vi) Attending to a family's cultural strengths and resources is paramount, and services should be provided in a culturally responsive manner; and
     (vii) Effective treatment and support resources for families experiencing domestic violence where children are present are essential components of a coordinated community response system.
     (b) Protocols also should:
     (i) Outline the notification process to be used, the development and implementation of interagency case staffing for cases with co-occurring domestic violence and child maltreatment, and a plan for routine cross-training opportunities;
     (ii) Include a formalized understanding of the information exchange process, including a description of the confidentiality mandates of participating organizations, as well as the safety issues considered, in order to ensure confidentiality, protection of the child, and protection of the adult victim;
     (iii) Identify the organizations responsible for implementing interventions:
     (A) The resources necessary to implement routine screening;
     (B) Assessments, including separate assessments for the safety of the adult victim, child, and alleged perpetrator;
     (C) Safety planning; and
     (D) Services for victims, children, and perpetrators;
     (iv) Specify the dispute resolution process among agencies and courts;
     (v) Identify outcomes to be measured including, but not limited to, increased coordination between agencies, increased safety of adult victims and children, and increased accountability for perpetrators; and
     (vi) Specify the gathering of data and the measuring of outcomes.
     (c) Agency protocols should define the roles, responsibilities, and limitations of the agency, and should include copies of the policies, procedures, or legislative directives shaping the organization's roles and responsibilities for responding to domestic violence and child maltreatment.
     (4) Local protocols required under this section shall be adopted by July 1, 2007, and submitted to the legislature for review before that date.
     (5) Subject to local resources and court processes, courts are encouraged to implement the court improvement recommendations in the template for coordinated response to child maltreatment and domestic violence developed by the Washington state gender and justice commission.