BILL REQ. #: S-3172.1
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/16/12. Referred to Committee on Judiciary.
AN ACT Relating to unaccompanied persons; amending RCW 9A.40.090; reenacting and amending RCW 26.44.020; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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) "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) "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) "Institution" means a private or public hospital or any other
facility providing medical diagnosis, treatment, or care.
(12) "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) "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) "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. Negligent treatment or maltreatment may also include
(a) a physical search without probable cause of a child that involves
the act of touching the anus, sexual organ, buttocks, or breast of the
other person, such as touching through clothing, or (b) the act of a
parent in allowing a child under the age of fourteen to be transported
unaccompanied by a parent or adult responsible for the child's care.
(15) "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) "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) "Professional school personnel" include, but are not limited
to, teachers, counselors, administrators, child care facility
personnel, and school nurses.
(18) "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) "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) "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) "Sexually aggressive youth" means a child who is defined in
RCW 74.13.075(1)(b) as being a sexually aggressive youth.
(22) "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) "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) "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.
Sec. 2 RCW 9A.40.090 and 1995 c 156 s 1 are each amended to read
as follows:
A person commits the crime of luring if the person:
(1)(a) Orders, lures, or attempts to lure a minor or a person with
a developmental disability into any area or structure that is obscured
from or inaccessible to the public, or away from any area or structure
constituting a bus terminal, airport terminal, or other transportation
terminal, or into a motor vehicle;
(b) Does not have the consent of the minor's parent or guardian or
of the guardian of the person with a developmental disability; and
(c) Is unknown to the child or developmentally disabled person.
(2) It is a defense to luring, which the defendant must prove by a
preponderance of the evidence, that the defendant's actions were
reasonable under the circumstances and the defendant did not have any
intent to harm the health, safety, or welfare of the minor or the
person with the developmental disability.
(3) For purposes of this section:
(a) "Minor" means a person under the age of sixteen;
(b) "Person with a developmental disability" means a person with a
developmental disability as defined in RCW 71A.10.020.
(4) Luring is a class C felony.
NEW SECTION. Sec. 3 This act takes effect January 1, 2013.