BILL REQ. #:  S-1147.1 

Read first time 01/31/2005.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to retention of information concerning unfounded allegations of child abuse or neglect; and amending RCW 26.44.031.

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

Sec. 1   RCW 26.44.031 and 1997 c 282 s 1 are each amended to read as follows:
     (1) To protect the privacy in reporting and the maintenance of reports of nonaccidental injury, neglect, death, sexual abuse, and cruelty to children by their parents, and to safeguard against arbitrary, malicious, or erroneous information or actions, the department shall not maintain information in any form related to unfounded referrals in files or reports of child abuse or neglect for longer than ((six)) one year((s)) except as provided in this section.
     At the end of ((six)) one year((s)) from receipt of the unfounded report, the information shall be purged unless an additional report has been received in the intervening period.
     (2)(a) If the department fails to comply with subsection (1) of this section, any aggrieved person may institute proceedings for injunctive or other appropriate relief for enforcement of the requirement to purge information. These proceedings may be instituted in the superior court for the county in which the person resides, or, if the person is not then a resident of this state, in the superior court for Thurston county.
     (b) In a proceeding under this subsection, the court shall enforce obedience to the requirement to purge information by enjoining compliance upon the secretary of the department. The court may issue such writs and processes as are necessary to carry out its orders and may award a penalty of up to one thousand dollars and reasonable attorneys' fees and court costs to the aggrieved person who instituted the proceedings.
     (c) A proceeding under this subsection does not preclude other methods of enforcement provided for by law.