ESSB 6555 -
By Representative Kagi
ADOPTED 03/06/2012
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 26.44.020 and 2010 c 176 s 1 are each reenacted and
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Abuse or neglect" means sexual abuse, sexual exploitation, or
injury of a child by any person under circumstances which cause harm to
the child's health, welfare, or safety, excluding conduct permitted
under RCW 9A.16.100; or the negligent treatment or maltreatment of a
child by a person responsible for or providing care to the child. An
abused child is a child who has been subjected to child abuse or
neglect as defined in this section.
(2) "Child" or "children" means any person under the age of
eighteen years of age.
(3) "Child protective services" means those services provided by
the department designed to protect children from child abuse and
neglect and safeguard such children from future abuse and neglect, and
conduct investigations of child abuse and neglect reports.
Investigations may be conducted regardless of the location of the
alleged abuse or neglect. Child protective services includes referral
to services to ameliorate conditions that endanger the welfare of
children, the coordination of necessary programs and services relevant
to the prevention, intervention, and treatment of child abuse and
neglect, and services to children to ensure that each child has a
permanent home. In determining whether protective services should be
provided, the department shall not decline to provide such services
solely because of the child's unwillingness or developmental inability
to describe the nature and severity of the abuse or neglect.
(4) "Child protective services section" means the child protective
services section of the department.
(5) "Children's advocacy center" means a child-focused facility in
good standing with the state chapter for children's advocacy centers
and that coordinates a multidisciplinary process for the investigation,
prosecution, and treatment of sexual and other types of child abuse.
Children's advocacy centers provide a location for forensic interviews
and coordinate access to services such as, but not limited to, medical
evaluations, advocacy, therapy, and case review by multidisciplinary
teams within the context of county protocols as defined in RCW
26.44.180 and 26.44.185.
(6) "Clergy" means any regularly licensed or ordained minister,
priest, or rabbi of any church or religious denomination, whether
acting in an individual capacity or as an employee or agent of any
public or private organization or institution.
(7) "Court" means the superior court of the state of Washington,
juvenile department.
(8) "Department" means the state department of social and health
services.
(9) "Family assessment" means a comprehensive assessment of child
safety, risk of subsequent child abuse or neglect, and family strengths
and needs that is applied to a child abuse or neglect report. Family
assessment does not include a determination as to whether child abuse
or neglect occurred, but does determine the need for services to
address the safety of the child and the risk of subsequent
maltreatment.
(10) "Family assessment response" means a way of responding to
certain reports of child abuse or neglect made under this chapter using
a differential response approach to child protective services. The
family assessment response shall focus on the safety of the child, the
integrity and preservation of the family, and shall assess the status
of the child and the family in terms of risk of abuse and neglect
including the parent's or guardian's or other caretaker's capacity and
willingness to protect the child and, if necessary, plan and arrange
the provision of services to reduce the risk and otherwise support the
family. No one is named as a perpetrator, and no investigative finding
is entered in the record as a result of a family assessment.
(11) "Founded" means the determination following an investigation
by the department that, based on available information, it is more
likely than not that child abuse or neglect did occur.
(((10))) (12) "Inconclusive" means the determination following an
investigation by the department, prior to October 1, 2008, that based
on available information a decision cannot be made that more likely
than not, child abuse or neglect did or did not occur.
(((11))) (13) "Institution" means a private or public hospital or
any other facility providing medical diagnosis, treatment, or care.
(((12))) (14) "Law enforcement agency" means the police department,
the prosecuting attorney, the state patrol, the director of public
safety, or the office of the sheriff.
(((13))) (15) "Malice" or "maliciously" means an intent, wish, or
design to intimidate, annoy, or injure another person. Such malice may
be inferred from an act done in willful disregard of the rights of
another, or an act wrongfully done without just cause or excuse, or an
act or omission of duty betraying a willful disregard of social duty.
(((14))) (16) "Negligent treatment or maltreatment" means an act or
a failure to act, or the cumulative effects of a pattern of conduct,
behavior, or inaction, that evidences a serious disregard of
consequences of such magnitude as to constitute a clear and present
danger to a child's health, welfare, or safety, including but not
limited to conduct prohibited under RCW 9A.42.100. When considering
whether a clear and present danger exists, evidence of a parent's
substance abuse as a contributing factor to negligent treatment or
maltreatment shall be given great weight. The fact that siblings share
a bedroom is not, in and of itself, negligent treatment or
maltreatment. Poverty, homelessness, or exposure to domestic violence
as defined in RCW 26.50.010 that is perpetrated against someone other
than the child does not constitute negligent treatment or maltreatment
in and of itself.
(((15))) (17) "Pharmacist" means any registered pharmacist under
chapter 18.64 RCW, whether acting in an individual capacity or as an
employee or agent of any public or private organization or institution.
(((16))) (18) "Practitioner of the healing arts" or "practitioner"
means a person licensed by this state to practice podiatric medicine
and surgery, optometry, chiropractic, nursing, dentistry, osteopathic
medicine and surgery, or medicine and surgery or to provide other
health services. The term "practitioner" includes a duly accredited
Christian Science practitioner. A person who is being furnished
Christian Science treatment by a duly accredited Christian Science
practitioner will not be considered, for that reason alone, a neglected
person for the purposes of this chapter.
(((17))) (19) "Professional school personnel" include, but are not
limited to, teachers, counselors, administrators, child care facility
personnel, and school nurses.
(((18))) (20) "Psychologist" means any person licensed to practice
psychology under chapter 18.83 RCW, whether acting in an individual
capacity or as an employee or agent of any public or private
organization or institution.
(((19))) (21) "Screened-out report" means a report of alleged child
abuse or neglect that the department has determined does not rise to
the level of a credible report of abuse or neglect and is not referred
for investigation.
(((20))) (22) "Sexual exploitation" includes: (a) Allowing,
permitting, or encouraging a child to engage in prostitution by any
person; or (b) allowing, permitting, encouraging, or engaging in the
obscene or pornographic photographing, filming, or depicting of a child
by any person.
(((21))) (23) "Sexually aggressive youth" means a child who is
defined in RCW 74.13.075(1)(b) as being a sexually aggressive youth.
(((22))) (24) "Social service counselor" means anyone engaged in a
professional capacity during the regular course of employment in
encouraging or promoting the health, welfare, support, or education of
children, or providing social services to adults or families, including
mental health, drug and alcohol treatment, and domestic violence
programs, whether in an individual capacity, or as an employee or agent
of any public or private organization or institution.
(((23))) (25) "Supervising agency" means an agency licensed by the
state under RCW 74.15.090 or an Indian tribe under RCW 74.15.190 that
has entered into a performance-based contract with the department to
provide child welfare services.
(((24))) (26) "Unfounded" means the determination following an
investigation by the department that available information indicates
that, more likely than not, child abuse or neglect did not occur, or
that there is insufficient evidence for the department to determine
whether the alleged child abuse did or did not occur.
NEW SECTION. Sec. 2 A new section is added to chapter 26.44 RCW
to read as follows:
(1) No later than December 1, 2013, the department shall implement
the family assessment response. The department may implement the
family assessment response on a phased-in basis, by geographical area.
(2) The department shall develop an implementation plan in
consultation with stakeholders, including tribes. The department shall
submit a report of the implementation plan to the appropriate
committees of the legislature by December 31, 2012. At a minimum, the
following must be developed before implementation and included in the
report to the legislature:
(a) Description of the family assessment response practice model;
(b) Identification of possible additional noninvestigative
responses or pathways;
(c) Development of an intake screening tool and a family assessment
tool specifically to be used in the family assessment response. The
family assessment tool must, at minimum, evaluate the safety of the
child and determine services needed by the family to improve or restore
family well-being;
(d) Delineation of staff training requirements;
(e) Development of strategies to reduce disproportionality;
(f) Development of strategies to assist and connect families with
the appropriate private or public housing support agencies, for those
parents whose inability to obtain or maintain safe housing creates a
risk of harm to the child, risk of out-of-home placement of the child,
or a barrier to reunification;
(g) Identification of methods to involve local community partners
in the development of community-based resources to meet families'
needs. Local community partners may include, but are not limited to:
Alumni of the foster care system and veteran parents, local private
service delivery agencies, schools, local health departments and other
health care providers, juvenile court, law enforcement, office of
public defense social workers or local defense attorneys, domestic
violence victims advocates, and other available community-based
entities;
(h) Delineation of procedures to assure continuous quality
assurance;
(i) Identification of current departmental expenditures for
services appropriate for the family assessment response, to the
greatest practicable extent;
(j) Identification of philanthropic funding and other private
funding available to supplement public resources in response to
identified family needs;
(k) Mechanisms to involve the child's Washington state tribe, if
any, in any family assessment response, when the child subject to the
family assessment response is an Indian child, as defined in RCW
13.38.040;
(l) A potential phase-in schedule if proposed; and
(m) Recommendations for legislative action required to implement
the plan.
Sec. 3 RCW 26.44.030 and 2009 c 480 s 1 are each amended to read
as follows:
(1)(a) When any practitioner, county coroner or medical examiner,
law enforcement officer, professional school personnel, registered or
licensed nurse, social service counselor, psychologist, pharmacist,
employee of the department of early learning, licensed or certified
child care providers or their employees, employee of the department,
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 has reasonable cause to believe that a child has suffered abuse
or neglect, he or she shall report such incident, or cause a report to
be made, to the proper law enforcement agency or to the department as
provided in RCW 26.44.040.
(b) When any person, in his or her official supervisory capacity
with a nonprofit or for-profit organization, has reasonable cause to
believe that a child has suffered abuse or neglect caused by a person
over whom he or she regularly exercises supervisory authority, he or
she shall report such incident, or cause a report to be made, to the
proper law enforcement agency, provided that the person alleged to have
caused the abuse or neglect is employed by, contracted by, or
volunteers with the organization and coaches, trains, educates, or
counsels a child or children or regularly has unsupervised access to a
child or children as part of the employment, contract, or voluntary
service. No one shall be required to report under this section when he
or she obtains the information solely as a result of a privileged
communication as provided in RCW 5.60.060.
Nothing in this subsection (1)(b) shall limit a person's duty to
report under (a) of this subsection.
For the purposes of this subsection, the following definitions
apply:
(i) "Official supervisory capacity" means a position, status, or
role created, recognized, or designated by any nonprofit or for-profit
organization, either for financial gain or without financial gain,
whose scope includes, but is not limited to, overseeing, directing, or
managing another person who is employed by, contracted by, or
volunteers with the nonprofit or for-profit organization.
(ii) "Regularly exercises supervisory authority" means to act in
his or her official supervisory capacity on an ongoing or continuing
basis with regards to a particular person.
(c) The reporting requirement also applies to department of
corrections personnel who, in the course of their employment, observe
offenders or the children with whom the offenders are in contact. If,
as a result of observations or information received in the course of
his or her employment, any department of corrections personnel has
reasonable 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, to
the proper law enforcement agency or to the department as provided in
RCW 26.44.040.
(d) The reporting requirement shall also apply to any adult who 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 the
following: Any single act of abuse that causes physical trauma of
sufficient severity that, if left untreated, could cause death; any
single act of sexual abuse that causes significant bleeding, deep
bruising, or significant external or internal swelling; or more than
one act of physical abuse, each of which causes bleeding, deep
bruising, significant external or internal swelling, bone fracture, or
unconsciousness.
(e) The reporting requirement also applies to guardians ad litem,
including court-appointed special advocates, appointed under Titles 11,
13, and 26 RCW, who in the course of their representation of children
in these actions have reasonable cause to believe a child has been
abused or neglected.
(f) The report must be made at the first opportunity, but in no
case longer than forty-eight hours after there is reasonable cause to
believe that the child has suffered abuse or neglect. The report must
include the identity of the accused if known.
(2) The reporting requirement of subsection (1) of this section
does not apply to the discovery of abuse or neglect that occurred
during childhood if it is discovered after the child has become an
adult. However, if there is reasonable cause to believe other children
are or may be at risk of abuse or neglect by the accused, the reporting
requirement of subsection (1) of this section does apply.
(3) Any other person who has reasonable cause to believe that a
child has suffered abuse or neglect may report such incident to the
proper law enforcement agency or to the department of social and health
services as provided in RCW 26.44.040.
(4) The department, upon receiving a report of an incident of
alleged abuse or neglect pursuant to this chapter, involving a child
who has died or has had physical injury or injuries inflicted upon him
or her other than by accidental means or who has been subjected to
alleged sexual abuse, shall report such incident to the proper law
enforcement agency. In emergency cases, where the child's welfare is
endangered, the department shall notify the proper law enforcement
agency within twenty-four hours after a report is received by the
department. In all other cases, the department shall notify the law
enforcement agency within seventy-two hours after a report is received
by the department. If the department makes an oral report, a written
report must also be made to the proper law enforcement agency within
five days thereafter.
(5) Any law enforcement agency receiving a report of an incident of
alleged abuse or neglect pursuant to this chapter, involving a child
who has died or has had physical injury or injuries inflicted upon him
or her other than by accidental means, or who has been subjected to
alleged sexual abuse, shall report such incident in writing as provided
in RCW 26.44.040 to the proper county prosecutor or city attorney for
appropriate action whenever the law enforcement agency's investigation
reveals that a crime may have been committed. The law enforcement
agency shall also notify the department of all reports received and the
law enforcement agency's disposition of them. In emergency cases,
where the child's welfare is endangered, the law enforcement agency
shall notify the department within twenty-four hours. In all other
cases, the law enforcement agency shall notify the department within
seventy-two hours after a report is received by the law enforcement
agency.
(6) Any county prosecutor or city attorney receiving a report under
subsection (5) of this section shall notify the victim, any persons the
victim requests, and the local office of the department, of the
decision to charge or decline to charge a crime, within five days of
making the decision.
(7) The department may conduct ongoing case planning and
consultation with those persons or agencies required to report under
this section, with consultants designated by the department, and with
designated representatives of Washington Indian tribes if the client
information exchanged is pertinent to cases currently receiving child
protective services. Upon request, the department shall conduct such
planning and consultation with those persons required to report under
this section if the department determines it is in the best interests
of the child. Information considered privileged by statute and not
directly related to reports required by this section must not be
divulged without a valid written waiver of the privilege.
(8) Any case referred to the department by a physician licensed
under chapter 18.57 or 18.71 RCW on the basis of an expert medical
opinion that child abuse, neglect, or sexual assault has occurred and
that the child's safety will be seriously endangered if returned home,
the department shall file a dependency petition unless a second
licensed physician of the parents' choice believes that such expert
medical opinion is incorrect. If the parents fail to designate a
second physician, the department may make the selection. If a
physician finds that a child has suffered abuse or neglect but that
such abuse or neglect does not constitute imminent danger to the
child's health or safety, and the department agrees with the
physician's assessment, the child may be left in the parents' home
while the department proceeds with reasonable efforts to remedy
parenting deficiencies.
(9) Persons or agencies exchanging information under subsection (7)
of this section shall not further disseminate or release the
information except as authorized by state or federal statute.
Violation of this subsection is a misdemeanor.
(10) Upon receiving a report of alleged abuse or neglect, the
department shall make reasonable efforts to learn the name, address,
and telephone number of each person making a report of abuse or neglect
under this section. The department shall provide assurances of
appropriate confidentiality of the identification of persons reporting
under this section. If the department is unable to learn the
information required under this subsection, the department shall only
investigate cases in which:
(a) The department believes there is a serious threat of
substantial harm to the child;
(b) The report indicates conduct involving a criminal offense that
has, or is about to occur, in which the child is the victim; or
(c) The department has a prior founded report of abuse or neglect
with regard to a member of the household that is within three years of
receipt of the referral.
(11)(a) Upon receiving a report of alleged abuse or neglect, the
department shall use one of the following discrete responses to reports
of child abuse or neglect that are screened in and accepted for
departmental response:
(i) Investigation; or
(ii) Family assessment.
(b) In making the response in (a) of this subsection the department
shall:
(i) Use a method by which to assign cases to investigation or
family assessment which are based on an array of factors that may
include the presence of: Imminent danger, level of risk, number of
previous child abuse or neglect reports, or other presenting case
characteristics, such as the type of alleged maltreatment and the age
of the alleged victim. Age of the alleged victim shall not be used as
the sole criterion for determining case assignment;
(ii) Allow for a change in response assignment based on new
information that alters risk or safety level;
(iii) Allow families assigned to family assessment to choose to
receive an investigation rather than a family assessment;
(iv) Provide a full investigation if a family refuses the initial
family assessment;
(v) Provide voluntary services to families based on the results of
the initial family assessment. If a family refuses voluntary services,
and the department cannot identify specific facts related to risk or
safety that warrant assignment to investigation under this chapter, and
there is not a history of reports of child abuse or neglect related to
the family, then the department must close the family assessment
response case. However, if at any time the department identifies risk
or safety factors that warrant an investigation under this chapter,
then the family assessment response case must be reassigned to
investigation;
(vi) Conduct an investigation, and not a family assessment, in
response to an allegation that, the department determines based on the
intake assessment:
(A) Poses a risk of "imminent harm" consistent with the definition
provided in RCW 13.34.050, which includes, but is not limited to,
sexual abuse and sexual exploitation as defined in this chapter;
(B) Poses a serious threat of substantial harm to a child;
(C) Constitutes conduct involving a criminal offense that has, or
is about to occur, in which the child is the victim;
(D) The child is an abandoned child as defined in RCW 13.34.030;
(E) The child is an adjudicated dependent child as defined in RCW
13.34.030, or the child is in a facility that is licensed, operated, or
certified for care of children by the department under chapter 74.15
RCW, or by the department of early learning.
(c) The department may not be held civilly liable for the decision
to respond to an allegation of child abuse or neglect by using the
family assessment response under this section unless the state or its
officers, agents, or employees acted with reckless disregard.
(12)(a) For reports of alleged abuse or neglect that are accepted
for investigation by the department, the investigation shall be
conducted within time frames established by the department in rule. In
no case shall the investigation extend longer than ninety days from the
date the report is received, unless the investigation is being
conducted under a written protocol pursuant to RCW 26.44.180 and a law
enforcement agency or prosecuting attorney has determined that a longer
investigation period is necessary. At the completion of the
investigation, the department shall make a finding that the report of
child abuse or neglect is founded or unfounded.
(b) If a court in a civil or criminal proceeding, considering the
same facts or circumstances as are contained in the report being
investigated by the department, makes a judicial finding by a
preponderance of the evidence or higher that the subject of the pending
investigation has abused or neglected the child, the department shall
adopt the finding in its investigation.
(((12))) (13) For reports of alleged abuse or neglect that are
responded to through family assessment response, the department shall:
(a) Provide the family with a written explanation of the procedure
for assessment of the child and the family and its purposes;
(b) Collaborate with the family to identify family strengths,
resources, and service needs, and develop a service plan with the goal
of reducing risk of harm to the child and improving or restoring family
well-being;
(c) Complete the family assessment response within forty-five days
of receiving the report; however, upon parental agreement, the family
assessment response period may be extended up to ninety days;
(d) Offer services to the family in a manner that makes it clear
that acceptance of the services is voluntary;
(e) Implement the family assessment response in a consistent and
cooperative manner;
(f) Have the parent or guardian sign an agreement to participate in
services before services are initiated that informs the parents of
their rights under family assessment response, all of their options,
and the options the department has if the parents do not sign the
consent form.
(14) In conducting an investigation or family assessment of alleged
abuse or neglect, the department or law enforcement agency:
(a) May interview children. If the department determines that the
response to the allegation will be family assessment response, the
preferred practice is to request a parent's, guardian's, or custodian's
permission to interview the child before conducting the child interview
unless doing so would compromise the safety of the child or the
integrity of the assessment. The interviews may be conducted on school
premises, at day-care facilities, at the child's home, or at other
suitable locations outside of the presence of parents. If the
allegation is investigated, parental notification of the interview must
occur at the earliest possible point in the investigation that will not
jeopardize the safety or protection of the child or the course of the
investigation. Prior to commencing the interview the department or law
enforcement agency shall determine whether the child wishes a third
party to be present for the interview and, if so, shall make reasonable
efforts to accommodate the child's wishes. Unless the child objects,
the department or law enforcement agency shall make reasonable efforts
to include a third party in any interview so long as the presence of
the third party will not jeopardize the course of the investigation;
and
(b) Shall have access to all relevant records of the child in the
possession of mandated reporters and their employees.
(((13))) (15) If a report of alleged abuse or neglect is founded
and constitutes the third founded report received by the department
within the last twelve months involving the same child or family, the
department shall promptly notify the office of the family and
children's ombudsman of the contents of the report. The department
shall also notify the ombudsman of the disposition of the report.
(((14))) (16) In investigating and responding to allegations of
child abuse and neglect, the department may conduct background checks
as authorized by state and federal law.
(((15))) (17)(a) The department shall maintain investigation
records and conduct timely and periodic reviews of all founded cases of
abuse and neglect. The department shall maintain a log of screened-out
nonabusive cases.
(b) In the family assessment response, the department shall not
make a finding as to whether child abuse or neglect occurred. No one
shall be named as a perpetrator and no investigative finding shall be
entered in the department's child abuse or neglect database.
(((16))) (18) The department shall use a risk assessment process
when investigating alleged child abuse and neglect referrals. The
department shall present the risk factors at all hearings in which the
placement of a dependent child is an issue. Substance abuse must be a
risk factor. ((The department shall, within funds appropriated for
this purpose, offer enhanced community-based services to persons who
are determined not to require further state intervention.)) (19) Upon receipt of a report of alleged abuse or neglect
the law enforcement agency may arrange to interview the person making
the report and any collateral sources to determine if any malice is
involved in the reporting.
(17)
(((18))) (20) Upon receiving a report of alleged abuse or neglect
involving a child under the court's jurisdiction under chapter 13.34
RCW, the department shall promptly notify the child's guardian ad litem
of the report's contents. The department shall also notify the
guardian ad litem of the disposition of the report. For purposes of
this subsection, "guardian ad litem" has the meaning provided in RCW
13.34.030.
Sec. 4 RCW 26.44.031 and 2007 c 220 s 3 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 disclose or maintain information related to
reports of child abuse or neglect except as provided in this section or
as otherwise required by state and federal law.
(2) The department shall destroy all of its records concerning:
(a) A screened-out report, within three years from the receipt of
the report; and
(b) An unfounded or inconclusive report, within six years of
completion of the investigation, unless a prior or subsequent founded
report has been received regarding the child who is the subject of the
report, a sibling or half-sibling of the child, or a parent, guardian,
or legal custodian of the child, before the records are destroyed.
(3) The department may keep records concerning founded reports of
child abuse or neglect as the department determines by rule.
(4) ((An)) No unfounded, screened-out, or inconclusive report or
information about a family's participation or nonparticipation in the
family assessment response may ((not)) be disclosed to a child-placing
agency, private adoption agency, or any other provider licensed under
chapter 74.15 RCW without the consent of the individual who is the
subject of the report or family assessment, unless:
(a) The individual seeks to become a licensed foster parent or
adoptive parent; or
(b) The individual is the parent or legal custodian of a child
being served by one of the agencies referenced in this subsection.
(5)(a) If the department fails to comply with this section, an
individual who is the subject of a report 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) If the department fails to comply with subsection (4) of this
section and an individual who is the subject of the report or family
assessment response information is harmed by the disclosure of
information, in addition to the relief provided in (a) of this
subsection, the court may award a penalty of up to one thousand dollars
and reasonable attorneys' fees and court costs to the petitioner.
(c) A proceeding under this subsection does not preclude other
methods of enforcement provided for by law.
(6) Nothing in this section shall prevent the department from
retaining general, nonidentifying information which is required for
state and federal reporting and management purposes.
Sec. 5 RCW 26.44.050 and 1999 c 176 s 33 are each amended to read
as follows:
Except as provided in RCW 26.44.030(11), upon the receipt of a
report concerning the possible occurrence of abuse or neglect, the law
enforcement agency or the department of social and health services must
investigate and provide the protective services section with a report
in accordance with chapter 74.13 RCW, and where necessary to refer such
report to the court.
A law enforcement officer may take, or cause to be taken, a child
into custody without a court order if there is probable cause to
believe that the child is abused or neglected and that the child would
be injured or could not be taken into custody if it were necessary to
first obtain a court order pursuant to RCW 13.34.050. The law
enforcement agency or the department of social and health services
investigating such a report is hereby authorized to photograph such a
child for the purpose of providing documentary evidence of the physical
condition of the child.
NEW SECTION. Sec. 6 A new section is added to chapter 26.44 RCW
to read as follows:
(1) Within ten days of the conclusion of the family assessment, the
department must meet with the child's parent or guardian to discuss the
recommendation for services to address child safety concerns or
significant risk of subsequent child maltreatment.
(2) If the parent or guardian disagrees with the department's
recommendation regarding the provision of services, the department
shall convene a family team decision-making meeting to discuss the
recommendations and objections. The caseworker's supervisor and area
administrator shall attend the meeting.
(3) If the department determines, based on the results of the
family assessment, that services are not recommended then the
department shall close the family assessment response case.
Sec. 7 RCW 74.13.020 and 2011 c 330 s 4 are each reenacted and
amended to read as follows:
For purposes of this chapter:
(1) "Case management" means ((the management of services delivered
to children and families in the child welfare system, including
permanency services, caseworker-child visits, family visits, the
convening of family group conferences, the development and revision of
the case plan, the coordination and monitoring of services needed by
the child and family, and the assumption of court-related duties,
excluding legal representation, including preparing court reports,
attending judicial hearings and permanency hearings, and ensuring that
the child is progressing toward permanency within state and federal
mandates, including the Indian child welfare act)) convening family
meetings, developing, revising, and monitoring implementation of any
case plan or individual service and safety plan, coordinating and
monitoring services needed by the child and family, caseworker-child
visits, family visits, and the assumption of court-related duties,
excluding legal representation, including preparing court reports,
attending judicial hearings and permanency hearings, and ensuring that
the child is progressing toward permanency within state and federal
mandates, including the Indian child welfare act.
(2) "Child" means:
(a) A person less than eighteen years of age; or
(b) A person age eighteen to twenty-one years who is eligible to
receive the extended foster care services authorized under RCW
74.13.031.
(3) "Child protective services" has the same meaning as in RCW
26.44.020.
(4) "Child welfare services" means social services including
voluntary and in-home services, out-of-home care, case management, and
adoption services which strengthen, supplement, or substitute for,
parental care and supervision for the purpose of:
(a) Preventing or remedying, or assisting in the solution of
problems which may result in families in conflict, or the neglect,
abuse, exploitation, or criminal behavior of children;
(b) Protecting and caring for dependent, abused, or neglected
children;
(c) Assisting children who are in conflict with their parents, and
assisting parents who are in conflict with their children, with
services designed to resolve such conflicts;
(d) Protecting and promoting the welfare of children, including the
strengthening of their own homes where possible, or, where needed;
(e) Providing adequate care of children away from their homes in
foster family homes or day care or other child care agencies or
facilities.
"Child welfare services" does not include child protection
services.
(5) "Committee" means the child welfare transformation design
committee.
(6) "Department" means the department of social and health
services.
(7) "Extended foster care services" means residential and other
support services the department is authorized to provide to foster
children. These services include, but are not limited to, placement in
licensed, relative, or otherwise approved care, or supervised
independent living settings; assistance in meeting basic needs;
independent living services; medical assistance; and counseling or
treatment.
(8) "Family assessment" means a comprehensive assessment of child
safety, risk of subsequent child abuse or neglect, and family strengths
and needs that is applied to a child abuse or neglect report. Family
assessment does not include a determination as to whether child abuse
or neglect occurred, but does determine the need for services to
address the safety of the child and the risk of subsequent
maltreatment.
(9) "Measurable effects" means a statistically significant change
which occurs as a result of the service or services a supervising
agency is assigned in a performance-based contract, in time periods
established in the contract.
(((9))) (10) "Out-of-home care services" means services provided
after the shelter care hearing to or for children in out-of-home care,
as that term is defined in RCW 13.34.030, and their families, including
the recruitment, training, and management of foster parents, the
recruitment of adoptive families, and the facilitation of the adoption
process, family reunification, independent living, emergency shelter,
residential group care, and foster care, including relative placement.
(((10))) (11) "Performance-based contracting" means the structuring
of all aspects of the procurement of services around the purpose of the
work to be performed and the desired results with the contract
requirements set forth in clear, specific, and objective terms with
measurable outcomes. Contracts shall also include provisions that link
the performance of the contractor to the level and timing of
reimbursement.
(((11))) (12) "Permanency services" means long-term services
provided to secure a child's safety, permanency, and well-being,
including foster care services, family reunification services, adoption
services, and preparation for independent living services.
(((12))) (13) "Primary prevention services" means services which
are designed and delivered for the primary purpose of enhancing child
and family well-being and are shown, by analysis of outcomes, to reduce
the risk to the likelihood of the initial need for child welfare
services.
(((13))) (14) "Supervising agency" means an agency licensed by the
state under RCW 74.15.090, or licensed by a federally recognized Indian
tribe located in this state under RCW 74.15.190, that has entered into
a performance-based contract with the department to provide case
management for the delivery and documentation of child welfare
services, as defined in this section.
Sec. 8 RCW 74.13.031 and 2011 c 330 s 5 and 2011 c 160 s 2 are
each reenacted and amended to read as follows:
(1) The department and supervising agencies shall develop,
administer, supervise, and monitor a coordinated and comprehensive plan
that establishes, aids, and strengthens services for the protection and
care of runaway, dependent, or neglected children.
(2) Within available resources, the department and supervising
agencies shall recruit an adequate number of prospective adoptive and
foster homes, both regular and specialized, i.e. homes for children of
ethnic minority, including Indian homes for Indian children, sibling
groups, handicapped and emotionally disturbed, teens, pregnant and
parenting teens, and the department shall annually report to the
governor and the legislature concerning the department's and
supervising agency's success in: (a) Meeting the need for adoptive and
foster home placements; (b) reducing the foster parent turnover rate;
(c) completing home studies for legally free children; and (d)
implementing and operating the passport program required by RCW
74.13.285. The report shall include a section entitled "Foster Home
Turn-Over, Causes and Recommendations."
(3) The department shall investigate complaints of any recent act
or failure to act on the part of a parent or caretaker that results in
death, serious physical or emotional harm, or sexual abuse or
exploitation, or that presents an imminent risk of serious harm, and on
the basis of the findings of such investigation, offer child welfare
services in relation to the problem to such parents, legal custodians,
or persons serving in loco parentis, and/or bring the situation to the
attention of an appropriate court, or another community agency. An
investigation is not required of nonaccidental injuries which are
clearly not the result of a lack of care or supervision by the child's
parents, legal custodians, or persons serving in loco parentis. If the
investigation reveals that a crime against a child may have been
committed, the department shall notify the appropriate law enforcement
agency.
(4) As provided in RCW 26.44.030(11), the department may respond to
a report of child abuse or neglect by using the family assessment
response.
(5) The department or supervising agencies shall offer, on a
voluntary basis, family reconciliation services to families who are in
conflict.
(((5))) (6) The department or supervising agencies shall monitor
placements of children in out-of-home care and in-home dependencies to
assure the safety, well-being, and quality of care being provided is
within the scope of the intent of the legislature as defined in RCW
74.13.010 and 74.15.010. Under this section children in out-of-home
care and in-home dependencies and their caregivers shall receive a
private and individual face-to-face visit each month. The department
and the supervising agencies shall randomly select no less than ten
percent of the caregivers currently providing care to receive one
unannounced face-to-face visit in the caregiver's home per year. No
caregiver will receive an unannounced visit through the random
selection process for two consecutive years. If the caseworker makes
a good faith effort to conduct the unannounced visit to a caregiver and
is unable to do so, that month's visit to that caregiver need not be
unannounced. The department and supervising agencies are encouraged to
group monthly visits to caregivers by geographic area so that in the
event an unannounced visit cannot be completed, the caseworker may
complete other required monthly visits. The department shall use a
method of random selection that does not cause a fiscal impact to the
department.
The department or supervising agencies shall conduct the monthly
visits with children and caregivers to whom it is providing child
welfare services.
(((6))) (7) The department and supervising agencies shall have
authority to accept custody of children from parents and to accept
custody of children from juvenile courts, where authorized to do so
under law, to provide child welfare services including placement for
adoption, to provide for the routine and necessary medical, dental, and
mental health care, or necessary emergency care of the children, and to
provide for the physical care of such children and make payment of
maintenance costs if needed. Except where required by Public Law 95-608 (25 U.S.C. Sec. 1915), no private adoption agency which receives
children for adoption from the department shall discriminate on the
basis of race, creed, or color when considering applications in their
placement for adoption.
(((7))) (8) The department and supervising agency shall have
authority to provide temporary shelter to children who have run away
from home and who are admitted to crisis residential centers.
(((8))) (9) The department and supervising agency shall have
authority to purchase care for children.
(((9))) (10) The department shall establish a children's services
advisory committee with sufficient members representing supervising
agencies which shall assist the secretary in the development of a
partnership plan for utilizing resources of the public and private
sectors, and advise on all matters pertaining to child welfare,
licensing of child care agencies, adoption, and services related
thereto. At least one member shall represent the adoption community.
(((10))) (11) The department and supervising agencies shall have
authority to provide continued extended foster care services to youth
ages eighteen to twenty-one years to participate in or complete a
secondary education program or a secondary education equivalency
program.
(((11))) (12) The department((, has)) shall have authority to
provide adoption support benefits, or relative guardianship subsidies
on behalf of youth ages eighteen to twenty-one years who achieved
permanency through adoption or a relative guardianship at age sixteen
or older and who meet the criteria described in subsection (((10)))
(11) of this section.
(((12))) (13) The department shall refer cases to the division of
child support whenever state or federal funds are expended for the care
and maintenance of a child, including a child with a developmental
disability who is placed as a result of an action under chapter 13.34
RCW, unless the department finds that there is good cause not to pursue
collection of child support against the parent or parents of the child.
Cases involving individuals age eighteen through twenty shall not be
referred to the division of child support unless required by federal
law.
(((13))) (14) The department and supervising agencies shall have
authority within funds appropriated for foster care services to
purchase care for Indian children who are in the custody of a federally
recognized Indian tribe or tribally licensed child-placing agency
pursuant to parental consent, tribal court order, or state juvenile
court order; and the purchase of such care shall be subject to the same
eligibility standards and rates of support applicable to other children
for whom the department purchases care.
Notwithstanding any other provision of RCW 13.32A.170 through
13.32A.200 and 74.13.032 through 74.13.036, or of this section all
services to be provided by the department under subsections (4), (((6),
and)) (7), and (8) of this section, subject to the limitations of these
subsections, may be provided by any program offering such services
funded pursuant to Titles II and III of the federal juvenile justice
and delinquency prevention act of 1974.
(((14))) (15) Within amounts appropriated for this specific
purpose, the supervising agency or department shall provide preventive
services to families with children that prevent or shorten the duration
of an out-of-home placement.
(((15))) (16) The department and supervising agencies shall have
authority to provide independent living services to youths, including
individuals who have attained eighteen years of age, and have not
attained twenty-one years of age who are or have been in foster care.
(((16))) (17) The department and supervising agencies shall consult
at least quarterly with foster parents, including members of the foster
parent association of Washington state, for the purpose of receiving
information and comment regarding how the department and supervising
agencies are performing the duties and meeting the obligations
specified in this section and RCW 74.13.250 and 74.13.320 regarding the
recruitment of foster homes, reducing foster parent turnover rates,
providing effective training for foster parents, and administering a
coordinated and comprehensive plan that strengthens services for the
protection of children. Consultation shall occur at the regional and
statewide levels.
(18)(a) The department shall, within current funding levels, place
on its public web site a document listing the duties and
responsibilities the department has to a child subject to a dependency
petition including, but not limited to, the following:
(i) Reasonable efforts, including the provision of services, toward
reunification of the child with his or her family;
(ii) Sibling visits subject to the restrictions in RCW
13.34.136(2)(b)(ii);
(iii) Parent-child visits;
(iv) Statutory preference for placement with a relative or other
suitable person, if appropriate; and
(v) Statutory preference for an out-of-home placement that allows
the child to remain in the same school or school district, if practical
and in the child's best interests.
(b) The document must be prepared in conjunction with a community-based organization and must be updated as needed.
NEW SECTION. Sec. 9 The Washington state institute for public
policy shall conduct an evaluation of the implementation of the family
assessment response. The institute shall define the data to be
gathered and maintained. At a minimum, the evaluations must address
child safety measures, out-of-home placement rates, re-referral rates,
and caseload sizes and demographics. The institute shall deliver its
first report no later than December 1, 2014, and its final report by
December 1, 2016.
NEW SECTION. Sec. 10 The department of social and health
services shall conduct two client satisfaction surveys of families that
have been placed in the family assessment response. The first survey
results shall be reported no later than December 1, 2014. The second
survey results shall be reported no later than December 1, 2016.
Sec. 11 RCW 26.44.125 and 1998 c 314 s 9 are each amended to read
as follows:
(1) A person who is named as an alleged perpetrator after October
1, 1998, in a founded report of child abuse or neglect has the right to
seek review and amendment of the finding as provided in this section.
(2) Within ((twenty)) thirty calendar days after ((receiving
written notice from the department)) the department has notified the
alleged perpetrator under RCW 26.44.100 that ((a)) the person is named
as an alleged perpetrator in a founded report of child abuse or
neglect, he or she may request that the department review the finding.
The request must be made in writing. The written notice provided by
the department must contain at least the following information in plain
language:
(a) Information about the department's investigative finding as it
relates to the alleged perpetrator;
(b) Sufficient factual information to apprise the alleged
perpetrator of the date and nature of the founded reports;
(c) That the alleged perpetrator has the right to submit to child
protective services a written response regarding the child protective
services finding which, if received, shall be filed in the department's
records;
(d) That information in the department's records, including
information about this founded report, may be considered in a later
investigation or proceeding related to a different allegation of child
abuse or neglect or child custody;
(e) That founded allegations of child abuse or neglect may be used
by the department in determining:
(i) If a perpetrator is qualified to be licensed or approved to
care for children or vulnerable adults; or
(ii) If a perpetrator is qualified to be employed by the department
in a position having unsupervised access to children or vulnerable
adults;
(f) That the alleged perpetrator has a right to challenge a founded
allegation of child abuse or neglect.
(3) If a request for review is not made as provided in this
subsection, the alleged perpetrator may not further challenge the
finding and shall have no right to agency review or to an adjudicative
hearing or judicial review of the finding, unless he or she can show
that the department did not comply with the notice requirements of RCW
26.44.100.
(((3))) (4) Upon receipt of a written request for review, the
department shall review and, if appropriate, may amend the finding.
Management level staff within the children's administration designated
by the secretary shall be responsible for the review. The review must
be completed within thirty days after receiving the written request for
review. The review must be conducted in accordance with procedures the
department establishes by rule. Upon completion of the review, the
department shall notify the alleged perpetrator in writing of the
agency's determination. The notification must be sent by certified
mail, return receipt requested, to the person's last known address.
(((4))) (5) If, following agency review, the report remains
founded, the person named as the alleged perpetrator in the report may
request an adjudicative hearing to contest the finding. The
adjudicative proceeding is governed by chapter 34.05 RCW and this
section. The request for an adjudicative proceeding must be filed
within thirty calendar days after receiving notice of the agency review
determination. If a request for an adjudicative proceeding is not made
as provided in this subsection, the alleged perpetrator may not further
challenge the finding and shall have no right to agency review or to an
adjudicative hearing or judicial review of the finding.
(((5))) (6) Reviews and hearings conducted under this section are
confidential and shall not be open to the public. Information about
reports, reviews, and hearings may be disclosed only in accordance with
federal and state laws pertaining to child welfare records and child
protective services reports.
(((6))) (7) The department may adopt rules to implement this
section.
Sec. 12 RCW 26.44.010 and 1999 c 176 s 27 are each amended to
read as follows:
The Washington state legislature finds and declares: The bond
between a child and his or her parent, custodian, or guardian is of
paramount importance, and any intervention into the life of a child is
also an intervention into the life of the parent, custodian, or
guardian; however, instances of nonaccidental injury, neglect, death,
sexual abuse and cruelty to children by their parents, custodians or
guardians have occurred, and in the instance where a child is deprived
of his or her right to conditions of minimal nurture, health, and
safety, the state is justified in emergency intervention based upon
verified information; and therefore the Washington state legislature
hereby provides for the reporting of such cases to the appropriate
public authorities. It is the intent of the legislature that, as a
result of such reports, protective services shall be made available in
an effort to prevent further abuses, and to safeguard the general
welfare of such children((: PROVIDED, That such)). When the child's
physical or mental health is jeopardized, or the safety of the child
conflicts with the legal rights of a parent, custodian, or guardian,
the health and safety interests of the child should prevail. When
determining whether a child and a parent, custodian, or guardian should
be separated during or immediately following an investigation of
alleged child abuse or neglect, the safety of the child shall be the
department's paramount concern. Reports of child abuse and neglect
shall be maintained and disseminated with strictest regard for the
privacy of the subjects of such reports and so as to safeguard against
arbitrary, malicious or erroneous information or actions((: PROVIDED
FURTHER, That)). This chapter shall not be construed to authorize
interference with child- raising practices, including reasonable
parental discipline, which are not proved to be injurious to the
child's health, welfare and safety.
NEW SECTION. Sec. 13 A new section is added to chapter 4.24 RCW
to read as follows:
(1) Governmental entities, and their officers, agents, employees,
and volunteers, are not liable in tort for any of their acts or
omissions in emergent placement investigations of child abuse or
neglect under chapter 26.44 RCW including, but not limited to, any
determination to leave a child with a parent, custodian, or guardian,
or to return a child to a parent, custodian, or guardian, unless the
act or omission constitutes gross negligence. Emergent placement
investigations are those conducted prior to a shelter care hearing
under RCW 13.34.065.
(2) The department of social and health services and its employees
shall comply with the orders of the court, including shelter care and
other dependency orders, and are not liable for acts performed to
comply with such court orders. In providing reports and
recommendations to the court, employees of the department of social and
health services are entitled to the same witness immunity as would be
provided to any other witness.
NEW SECTION. Sec. 14 A new section is added to chapter 26.44 RCW
to read as follows:
Consistent with the paramount concern of the department to protect
the child's interests of basic nurture, physical and mental health, and
safety, and the requirement that the child's health and safety
interests prevail over conflicting legal interests of a parent,
custodian, or guardian, the liability of governmental entities, and
their officers, agents, employees, and volunteers, to parents,
custodians, or guardians accused of abuse or neglect is limited as
provided in section 13 of this act.
NEW SECTION. Sec. 15 Sections 1 and 3 through 10 of this act
take effect December 1, 2013."
Correct the title.
EFFECT: Replaces references to "Family Assessment Track" (FAT)
with references to "Family Assessment Response" (FAR);
Allows the DSHS to implement the FAR on a phased-in basis, by
geographical area;
Modifies components in the implementation plan, and subsequent
report to the Legislature to:
Clarify that the DSHS must develop strategies to assist and
connect families with the appropriate private or public housing
supports for those parents whose inability to obtain or maintain safe
housing creates a risk of harm to the child, risk of out-of-home
placement of the child, or a barrier to reunification (safe and stable
housing language is removed);
Add domestic violence victims advocates to the list of
community partners the DSHS may include in the development of
community-based resources;
Include a potential phase-in schedule if proposed;
Add recommendations for legislative action required to
implement the plan;
Add identification of philanthropic funding available to
supplement public resources;
Specify that the family assessment tool must, at minimum,
evaluate the safety of the child and determine services needed by the
family to improve or restore family well-being; and
Require the DSHS to develop mechanisms to involve the
child's Washington state tribe, if any, in any family assessment
response, when the child subject to the family assessment response is
an Indian child, as defined in RCW 13.38.040;
Prohibits age of the alleged victim from being used as the sole
criterion for determining whether a case will be assigned to
investigation or FAR;
Specifies that if a family refuses voluntary services, and the DSHS
cannot identify specific facts related to risk or safety that warrant
referral to investigation, and do not have a history of reports of
child abuse or neglect, then the DSHS must close the FAR case;
Clarifies that if the DSHS determines, based on the results of the
family assessment, that services are not recommended, then the FAR case
must be closed;
Clarifies that FAR must be completed within 45 days unless a parent
agrees to an extension. Upon parental agreement, the FAR may be
extended up to 90 days;
Clarifies that the DSHS may not provide the FAR in response to
reports that identify an adjudicated dependent child, or a child in a
facility that is licensed, operated, or certified for the care of
children by the DSHS under chapter 74.15 RCW, or by the Department of
Early Learning;
Specifies that children may be interviewed without a parent or
guardian's permission if requesting such permission would compromise
the integrity of the family assessment;
Clarifies that the DSHS must implement the FAR in a consistent and
cooperative manner, rather than in a nonarbitrary, noncoercive manner;
Prohibits FAR-related information from being disclosed to a child-
placing agency, private adoption agency, or any other provider licensed
under chapter 74.15 RCW without consent of the individual who is the
subject of the FAR report, unless that individual: (1) Seeks to become
a licensed foster or adoptive parent, or (2) is the parent or legal
custodian of a child being served by one of the agencies referenced
above;
Removes Sec. 7 which prescribed the family assessment tool.
However, language in Sec. 7 requiring collaboration with the family to
identify strengths, resources, service needs, and to develop a service
plan with the goal of reducing risk of harm to the child and improving
or restoring family well-being is moved to Sec. 3(13)(b);
Modifies the DSHS's written notification requirements to
individuals identified in founded reports of child abuse or neglect;
removes the provision stating that founded allegations of child abuse
or neglect may be used by others only if the perpetrator consents to
the release of information to another individual;
Modifies the definition of case management consistent with E2SHB
2264;
Makes technical corrections; and
Adds provisions of ESHB 2510, which:
Amend the purpose section of the statute governing child
abuse and neglect to provide that the child's health and safety
interests should prevail over conflicting legal interests of a parent,
custodian, or guardian;
Address the liability of governmental entities for acts or
omissions in conducting emergent placement investigations of child
abuse or neglect;
Provide that the state is not liable for actions taken to
comply with court orders and that child abuse investigators are
entitled to the same witness immunity as other witnesses.