Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Early Learning & Human Services Committee

SB 5359

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.

Background:

In Washington mandatory reporting laws require certain people to report suspected child abuse or child neglect to the Department of Social and Health Services (DSHS) or law enforcement. Practitioners, medical examiners, law enforcement officers, professional school personnel, registered or licensed nurses, social service counselors, psychologists, pharmacists, the Department of Early Learning employees, licensed or certified child care providers, juvenile probation officers, placement and liaison specialists, responsible living skills program staff, the DSHS employees, HOPE center staff, state family and children’s ombudsman employees, or any volunteers in the ombudsman’s office are all examples of mandated reporters.

Additionally, mandated reporting requirements are extended to the Department of Corrections personnel, guardian ad litems, court appointed special advocates, any person in an official supervisory capacity with a profit or nonprofit organization, administrative, academic or athletic departmental employees of institutions of higher learning, any adult who has reasonable cause to believe that a child who resides with them is a victim of abuse or neglect, or any other person who has reason to believe that child abuse or child neglect has occurred.

Upon suspecting child abuse or child neglect, the mandated reporter must make a report within 48 hours. Failing to report suspected child abuse or child neglect within 48 hours is a considered a gross misdemeanor.

Summary of Bill:

Specific terms utilized throughout the mandatory reporting statute are defined.

Organization is defined as including a sole proprietor, partnership, corporation, limited liability company, trust, association, financial institution, governmental entity other than the federal government, and any other individual or group engaged in a trade, occupation, enterprise, governmental function, charitable function, or similar activity in this state whether or not the entity is operated as a nonprofit or for-profit entity.

Reasonable cause means a person witnesses or receives a credible written or oral report alleging abuse, including sexual contact, or neglect of a child by another over whom the person regularly exercises supervisory authority.

Sexual contact has the same meaning as in RCW 9A.44.010; any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.