SSB 5839

SSB 5839

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Revising provisions relating to false reporting of child abuse or neglect.

Sponsors: Senate Committee on Human Services & Corrections (originally sponsored by Senators Benton, Stevens and Hargrove).

Background:

The Department of Social and Health Services (DSHS) administers Washington's Child Protective Services (CPS). CPS receives referrals from members of the public who suspect that a child is a victim of abuse or neglect. CPS provides services which include 24-hour intake, assessment, emergency intervention, and emergency medical services for accepted referrals.

The concept of mandatory reporting was first enacted in 1971 and required certain persons to report suspected child abuse and neglect. Initially, medical professionals, teachers, social workers, clergy, pharmacists, and DSHS employees were designated as mandatory reporters. Since then, the group of mandatory reporters has been expanded several times. In response to the U.S. Child Abuse Prevention and Treatment Act of 1974, nearly every state established or expanded mandatory reporting. The Washington State Legislature added a category of permissive reporting in the 1975 Legislative Session.

Mandatory reporters include any practitioner, county coroner, medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, licensed or certified child care provider or their employees, employee of the DSHS, juvenile probation officer, placement and liaison specialist, Responsible Living Skills program staff, HOPE center staff, or State Family and Children's Ombudsman or any volunteer in the Ombudsman's office.

Any other person, who has reasonable cause to believe that a child has suffered abuse and neglect, may report the abuse or neglect to CPS or to law enforcement. Reports may be oral or written. Oral reports must be followed up in writing if the investigator requests a written report.

Persons who in good faith report alleged child abuse or neglect or who testify in judicial proceedings regarding alleged abuse or neglect are immune from liability arising from the report or testimony. Persons who intentionally and in bad faith or maliciously make a false report of alleged abuse or neglect are guilty of a gross misdemeanor, punishable by a fine of up to five thousand dollars, or a jail sentence of up to a year, or both.

Summary of Bill:

The term "malicious" is eliminated as an element of the gross misdemeanor crime of false reporting of alleged child abuse or neglect. The Children's Administration CPS is required to develop a statement warning against false reporting for inclusion in any materials developed or prepared by the DSHS relating to the reporting of abuse or neglect. CPS also is required to send a certified letter to individuals determined by CPS to have made a false report warning that a subsequent false report will be referred to law enforcement for investigation.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.

Washington State House of Representatives Office of Program Research	BILL ANALYSIS

Early Learning & Children's Services Committee