BILL REQ. #:  S-4944.1 

READ FIRST TIME 02/02/06.   

     AN ACT Relating to vulnerable adult abuse investigation results; amending RCW 74.34.067 and 74.34.095; adding a new section to chapter 74.34 RCW; and repealing RCW 74.34.068.

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

Sec. 1   RCW 74.34.067 and 1999 c 176 s 9 are each amended to read as follows:
     (1) Where appropriate, an investigation by the department may include a private interview with the vulnerable adult regarding the alleged abandonment, abuse, financial exploitation, neglect, or self-neglect.
     (2) In conducting the investigation, the department shall interview the complainant, unless anonymous, and shall use its best efforts to interview the vulnerable adult or adults harmed, and, consistent with the protection of the vulnerable adult shall interview facility staff, any available independent sources of relevant information, including if appropriate the family members of the vulnerable adult.
     (3) The department may conduct ongoing case planning and consultation with: (a) Those persons or agencies required to report under this chapter or submit a report under this chapter; (b) consultants designated by the department; and (c) designated representatives of Washington Indian tribes if client information exchanged is pertinent to cases under investigation or the provision of protective services. Information considered privileged by statute and not directly related to reports required by this chapter must not be divulged without a valid written waiver of the privilege.
     (4) The department shall prepare and keep on file a report of each investigation conducted by the department for a period of time in accordance with policies established by the department.
     (5) If the department determines that the vulnerable adult has suffered from abuse, neglect, self-neglect, abandonment, or financial exploitation, and lacks the ability or capacity to consent, and needs the protection of a guardian, the department may bring a guardianship action under chapter 11.88 RCW as an interested person.
     (6) When the investigation is completed and the department determines that an incident of abandonment, abuse, financial exploitation, neglect, or self-neglect has occurred, the department shall inform the vulnerable adult of their right to refuse protective services, and ensure that, if necessary, appropriate protective services are provided to the vulnerable adult, with the consent of the vulnerable adult. The vulnerable adult has the right to withdraw or refuse protective services.
     (7) The department may photograph a vulnerable adult or their environment for the purpose of providing documentary evidence of the physical condition of the vulnerable adult or his or her environment. When photographing the vulnerable adult, the department shall obtain permission from the vulnerable adult or his or her legal representative unless immediate photographing is necessary to preserve evidence. However, if the legal representative is alleged to have abused, neglected, abandoned, or exploited the vulnerable adult, consent from the legal representative is not necessary. No such consent is necessary when photographing the physical environment.
     (((8) When the investigation is complete and the department determines that the incident of abandonment, abuse, financial exploitation, or neglect has occurred, the department shall inform the facility in which the incident occurred, consistent with confidentiality requirements concerning the vulnerable adult, witnesses, and complainants.))

Sec. 2   RCW 74.34.095 and 2000 c 87 s 4 are each amended to read as follows:
     (1) The following information is confidential and not subject to disclosure, except as provided in this section:
     (a) A report of abandonment, abuse, financial exploitation, or neglect made under this chapter;
     (b) The identity of the person making the report; and
     (c) All files, reports, records, communications, and working papers used or developed in the investigation or provision of protective services.
     (2) Information considered confidential ((may)) shall be disclosed ((only for a purpose consistent with this chapter or)):
     (a) As authorized by chapter 18.20, 18.51, 70.128, or 74.39A RCW, or as authorized by the long-term care ombudsman programs under federal law or state law, chapter 43.190 RCW((.));
     (((3))) (b) In the following circumstances:
     (i) Upon request, the department shall disclose the fact that a report was received and the status of any investigation, unless the department has a reason to believe disclosing such information may compromise the safety or well-being of a vulnerable adult. The status of the investigation provided by the department must include, at a minimum, whether or not an investigator has been assigned, whether the investigation is completed or ongoing, and an estimate for when the investigation will be completed;
     (ii) Upon request, the department shall provide a written report of the outcome of the completed investigation to an agency, program, or provider serving a vulnerable adult. The name of the alleged perpetrator may be disclosed. The report on the outcome of an investigation must include, at a minimum, a determination by the department as to whether or not an incident of abuse, neglect, abandonment, or financial exploitation has occurred. The department shall not disclose the identity of the person making the report to the department or any witness without such individual's written permission. The term "witness" does not include the alleged perpetrator. The agency, program, or provider receiving a written report of the outcome of the completed investigation shall be informed whether the finding is subject to the alleged perpetrator's right to an administrative appeal or is final;
     (iii) Upon request of a legislator or a director of a state agency as defined in RCW 42.17.020 serving vulnerable adults or children, the department will disclose the outcome of a completed investigation under this chapter. In cases where the department determines that an incident of abuse, abandonment, neglect, or financial exploitation has occurred, the requestor shall be informed whether the finding is subject to the alleged perpetrator's right to an administrative appeal or is final;
     (iv) The department shall provide a written investigation report to the appropriate state or local government authorities responsible for licensing, certification, or registration of the agencies, programs, or providers serving the vulnerable adult. Upon request, the department must provide the appropriate state or local governmental authority with information or documents obtained in the course of its investigation; and
     (v) When the investigation is complete and the department determines that the incident of abandonment, abuse, financial exploitation, or neglect has occurred, the department shall inform the facility in which the incident occurred of the completed investigation including the outcome of the investigation.
     (3) In cases where the department finds a report of abuse, abandonment, neglect, or financial exploitation has occurred, the department shall notify the alleged perpetrator in writing. The notification may identify the vulnerable adult, but shall not disclose the identity of the person who made the report, or the identity of any witness. The term "witness" does not include the alleged perpetrator. The notification must contain information on administrative appeal rights.
     (4) A court or presiding officer in an administrative proceeding may order disclosure of confidential information only if the court, or presiding officer in an administrative proceeding, determines that disclosure is essential to the administration of justice and will not endanger the life or safety of the vulnerable adult or individual who made the report. The court or presiding officer in an administrative hearing may place restrictions on such disclosure as the court or presiding officer deems proper.
     (5) The department shall adopt rules necessary to implement this section.

NEW SECTION.  Sec. 3   A new section is added to chapter 74.34 RCW to read as follows:
     The department shall establish by rule a state registry that contains identifying information provided under this chapter about individuals found to have abused, abandoned, neglected, or financially exploited a vulnerable adult. Identifying information under this section is limited to postdue process findings made by the department under this chapter. The department shall make readily available to the public a means to query the state registry to determine if an individual has been found by the department to have abused, abandoned, neglected, or financially exploited a vulnerable adult.

NEW SECTION.  Sec. 4   RCW 74.34.068 (Investigation results--Report -- Rules) and 2001 c 233 s 2 are each repealed.