5308-S.EAMHCFSAMH2752.2ESSB 5308H COMM AMDBy Committee on Children & Family ServicesADOPTED AS AMENDED 04/11/2005 Strike everything after the enacting clause and insert thefollowing:Sec. RCW 26.44.030 and 2003 c 207 s 4 are each amended to readas follows: (1)(a) When any practitioner, county coroner or medical examiner,law enforcement officer, professional school personnel, registered orlicensed nurse, social service counselor, psychologist, pharmacist,licensed or certified child care providers or their employees, employeeof the department, juvenile probation officer, placement and liaisonspecialist, responsible living skills program staff, HOPE center staff,or state family and children's ombudsman or any volunteer in theombudsman's office has reasonable cause to believe that a child hassuffered abuse or neglect, he or she shall report such incident, orcause a report to be made, to the proper law enforcement agency or tothe department as provided in RCW 26.44.040. (b)(i) When any person who is an employee or regularservicevolunteer of a forprofit entity that provides services to children asa primary mission or purpose of the entity, or nonprofit entity asdefined in RCW 84.36.800, has reasonable cause to believe that a childhas suffered abuse or neglect, and the alleged perpetrator is anemployee, contractor, or regularservice or occasionalservicevolunteer of the same forprofit or nonprofit entity, he or she shallreport such incident, or cause a report to be made, to the proper lawenforcement agency or to the department as provided in RCW 26.44.040. (ii) Nothing in this subsection (1)(b) shall limit a person's dutyto report under (a) of this subsection. (c) The reporting requirement also applies to department ofcorrections personnel who, in the course of their employment, observeoffenders or the children with whom the offenders are in contact. If,as a result of observations or information received in the course of 1 his or her employment, any department of corrections personnel hasreasonable cause to believe that a child has suffered abuse or neglect,he or she shall report the incident, or cause a report to be made, tothe proper law enforcement agency or to the department as provided inRCW 26.44.040. (((c))) (d) The reporting requirement shall also apply to any adultwho has reasonable cause to believe that a child who resides with them,has suffered severe abuse, and is able or capable of making a report.For the purposes of this subsection, "severe abuse" means any of thefollowing: Any single act of abuse that causes physical trauma ofsufficient severity that, if left untreated, could cause death; anysingle act of sexual abuse that causes significant bleeding, deepbruising, or significant external or internal swelling; or more thanone act of physical abuse, each of which causes bleeding, deepbruising, significant external or internal swelling, bone fracture, orunconsciousness. (((d))) (e) The report must be made at the first opportunity, butin no case longer than fortyeight hours after there is reasonablecause to believe that the child has suffered abuse or neglect. Thereport must include the identity of the accused if known. (2)(a) The reporting requirement of subsection (1) of this sectiondoes not apply to a member of the clergy with regard to informationobtained by the member of the clergy in his or her professionalcharacter as a religious or spiritual advisor when the information isobtained solely as a result of a confession made pursuant to theclergypenitent privilege as provided in RCW 5.60.060(3), and themember of the clergy is authorized to hear such confession, and has aduty under the discipline, tenets, doctrine, or custom of his or herchurch, religious denomination, religious body, spiritual community, orsect to keep the confession secret. The privilege shall not apply, andthe member of the clergy shall report child abuse or neglect pursuantto this section, if the member of the clergy has received theinformation from any source other than from a confession. (b) Nothing in this subsection shall exempt a member of the clergyfrom making a report of child abuse or neglect as required insubsection (1) of this section when the member of the clergy is actingin some other capacity that would otherwise require him or her to makea report. 2 (3) The reporting requirement of subsection (1) of this sectiondoes not apply to the discovery of abuse or neglect that occurredduring childhood if it is discovered after the child has become anadult. However, if there is reasonable cause to believe other childrenare or may be at risk of abuse or neglect by the accused, the reportingrequirement of subsection (1) of this section does apply. (((3))) (4) Any other person who has reasonable cause to believethat a child has suffered abuse or neglect may report such incident tothe proper law enforcement agency or to the department of social andhealth services as provided in RCW 26.44.040. (((4))) (5) The department, upon receiving a report of an incidentof alleged abuse or neglect pursuant to this chapter, involving a childwho has died or has had physical injury or injuries inflicted upon himor her other than by accidental means or who has been subjected toalleged sexual abuse, shall report such incident to the proper lawenforcement agency. In emergency cases, where the child's welfare isendangered, the department shall notify the proper law enforcementagency within twentyfour hours after a report is received by thedepartment. In all other cases, the department shall notify the lawenforcement agency within seventytwo hours after a report is receivedby the department. If the department makes an oral report, a writtenreport must also be made to the proper law enforcement agency withinfive days thereafter. (((5))) (6) Any law enforcement agency receiving a report of anincident of alleged abuse or neglect pursuant to this chapter,involving a child who has died or has had physical injury or injuriesinflicted upon him or her other than by accidental means, or who hasbeen subjected to alleged sexual abuse, shall report such incident inwriting as provided in RCW 26.44.040 to the proper county prosecutor orcity attorney for appropriate action whenever the law enforcementagency's investigation reveals that a crime may have been committed.The law enforcement agency shall also notify the department of allreports received and the law enforcement agency's disposition of them.In emergency cases, where the child's welfare is endangered, the lawenforcement agency shall notify the department within twentyfourhours. In all other cases, the law enforcement agency shall notify thedepartment within seventytwo hours after a report is received by thelaw enforcement agency. 3 (((6))) (7) Any county prosecutor or city attorney receiving areport under subsection (((5))) (6) of this section shall notify thevictim, any persons the victim requests, and the local office of thedepartment, of the decision to charge or decline to charge a crime,within five days of making the decision. (((7))) (8) The department may conduct ongoing case planning andconsultation with those persons or agencies required to report underthis section, with consultants designated by the department, and withdesignated representatives of Washington Indian tribes if the clientinformation exchanged is pertinent to cases currently receiving childprotective services. Upon request, the department shall conduct suchplanning and consultation with those persons required to report underthis section if the department determines it is in the best interestsof the child. Information considered privileged by statute and notdirectly related to reports required by this section must not bedivulged without a valid written waiver of the privilege. (((8))) (9) Any case referred to the department by a physicianlicensed under chapter 18.57 or 18.71 RCW on the basis of an expertmedical opinion that child abuse, neglect, or sexual assault hasoccurred and that the child's safety will be seriously endangered ifreturned home, the department shall file a dependency petition unlessa second licensed physician of the parents' choice believes that suchexpert medical opinion is incorrect. If the parents fail to designatea second physician, the department may make the selection. If aphysician finds that a child has suffered abuse or neglect but thatsuch abuse or neglect does not constitute imminent danger to thechild's health or safety, and the department agrees with thephysician's assessment, the child may be left in the parents' homewhile the department proceeds with reasonable efforts to remedyparenting deficiencies. (((9))) (10) Persons or agencies exchanging information undersubsection (((7))) (8) of this section shall not further disseminate orrelease the information except as authorized by state or federalstatute. Violation of this subsection is a misdemeanor. (((10))) (11) Upon receiving reports of alleged abuse or neglect,the department or law enforcement agency may interview children. Theinterviews may be conducted on school premises, at daycare facilities,at the child's home, or at other suitable locations outside of the 4 presence of parents. Parental notification of the interview must occurat the earliest possible point in the investigation that will notjeopardize the safety or protection of the child or the course of theinvestigation. Prior to commencing the interview the department or lawenforcement agency shall determine whether the child wishes a thirdparty to be present for the interview and, if so, shall make reasonableefforts to accommodate the child's wishes. Unless the child objects,the department or law enforcement agency shall make reasonable effortsto include a third party in any interview so long as the presence ofthe third party will not jeopardize the course of the investigation. (((11))) (12) Upon receiving a report of alleged child abuse andneglect, the department or investigating law enforcement agency shallhave access to all relevant records of the child in the possession ofmandated reporters and their employees. (((12))) (13) The department shall maintain investigation recordsand conduct timely and periodic reviews of all cases constituting abuseand neglect. The department shall maintain a log of screenedoutnonabusive cases. (((13))) (14) The department shall use a risk assessment processwhen investigating alleged child abuse and neglect referrals. Thedepartment shall present the risk factors at all hearings in which theplacement of a dependent child is an issue. Substance abuse must be arisk factor. The department shall, within funds appropriated for thispurpose, offer enhanced communitybased services to persons who aredetermined not to require further state intervention. (((14))) (15) Upon receipt of a report of alleged abuse or neglectthe law enforcement agency may arrange to interview the person makingthe report and any collateral sources to determine if any malice isinvolved in the reporting. (((15))) (16) The department shall make reasonable efforts to learnthe name, address, and telephone number of each person making a reportof abuse or neglect under this section. The department shall provideassurances of appropriate confidentiality of the identification ofpersons reporting under this section. If the department is unable tolearn the information required under this subsection, the departmentshall only investigate cases in which: (a) The department believesthere is a serious threat of substantial harm to the child; (b) thereport indicates conduct involving a criminal offense that has, or is 5 about to occur, in which the child is the victim; or (c) the departmenthas, after investigation, a report of abuse or neglect that has beenfounded with regard to a member of the household within three years ofreceipt of the referral. (17) For the purposes of this section, the following definitionsapply: (a) "Volunteer" means any person who, of his or her own free will,provides goods or services without any financial gain to any agency,instrumentality, political subdivision, or school district of the stateof Washington; (b) "Occasionalservice volunteer" means any person who provides aonetime or occasional volunteer service; and (c) "Regularservice volunteer" means any person engaged inspecific volunteer service activities on an ongoing or continuingbasis. Correct the title.--- END --- 6