State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 01/31/12.
AN ACT Relating to limiting government liability during preshelter care investigations of child abuse or neglect; amending RCW 26.44.010; adding a new section to chapter 4.24 RCW; and adding a new section to chapter 26.44 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 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. 2 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. 3 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 2 of this act.