BILL REQ. #: H-3719.1
State of Washington | 59th Legislature | 2006 Regular Session |
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.