HOUSE BILL REPORT
HB 1150
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. |
As Reported by House Committee On:
Early Learning & Human Services
Title: An act relating to notifying the military regarding child abuse and neglect allegations of families with an active military status.
Brief Description: Requiring the department of social and health services to notify the military regarding child abuse and neglect allegations of families with an active military status.
Sponsors: Representatives Muri, Kilduff, Appleton, Lytton, Klippert, Ortiz-Self, Gregerson, Bergquist, Jinkins and Fey.
Brief History:
Committee Activity:
Early Learning & Human Services: 1/23/15, 1/28/15 [DP].
Brief Summary of Bill |
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HOUSE COMMITTEE ON EARLY LEARNING & HUMAN SERVICES |
Majority Report: Do pass. Signed by 11 members: Representatives Kagi, Chair; Walkinshaw, Vice Chair; Walsh, Ranking Minority Member; Scott, Assistant Ranking Minority Member; Dent, Farrell, Hawkins, McCaslin, Ortiz-Self, Sawyer and Senn.
Staff: Luke Wickham (786-7146).
Background:
Reports of Child Abuse and Neglect.
The Children's Administration (CA) of the Department of Social and Health Services (DSHS) is responsible for responding to reports of child abuse and neglect. It is the duty of the CA to assess the risk of child maltreatment, while it is the duty of law enforcement to investigate whether a crime occurred. Anyone may call a toll-free number to report such allegations.
The CA must report physical and sexual abuse allegations to the proper law enforcement agency.
Federal law provides that the Secretary of Defense (Secretary) shall request that each state report suspected child abuse and neglect to the Secretary. The Department of Defense (DOD) policy encourages local commands to develop memoranda of understanding for cooperation and sharing of information with local child welfare agencies. Several DSHS offices in the state have established memoranda of understanding with nearby military installations.
Department of Defense Family Advocacy Programs.
The DOD established the Family Advocacy Program (FAP) to prevent child abuse and domestic abuse through public awareness, education, and family support programs. Upon receiving a report of abuse, the FAP generally begins an investigation into the allegations. The information gathered during the investigation will be presented to a case-review committee, which will make a determination of whether the domestic abuse or violence allegation is substantiated.
A substantiated report could lead to the provision of mandatory counseling and education for the abuser or recommendations to command regarding whether court martial and separation from the services is appropriate.
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Summary of Bill:
The DSHS must forward reports of physical or sexual abuse of a child to military law enforcement if appropriate.
The DSHS must make efforts to determine the military status of parents or guardians whose children are subject to abuse or neglect allegations. The DSHS must notify the FAP if there are allegations of abuse and neglect that have been screened in and are open for investigation related to a child whose parent or guardian is in the military.
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Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.
Staff Summary of Public Testimony:
(In support) The system is not broken and there have not been any incidents that led to this bill, but this bill can improve the system. This bill would make the system more streamlined and more certain. There may be cases where the military did not find out about a child abuse or neglect allegation and could have done something, and this bill would address those situations. A memorandum of understanding (MOU) is helpful, but statutory language would be better. The DOD would like all states to have laws like this. Passage of this bill would make Washington the first state that would have a law regarding child abuse and neglect reporting to the military. The primary focus of the military is trying to help families. This issue did not arise out of a specific concern from the DSHS, but is one of the priorities of the DOD. If military organizations do not have child abuse and neglect information in a timely manner, they cannot assist. Washington is the sixth largest military state, there are almost 149,000 active duty military in the state and over 55,000 military children. Seventy percent of military members live off base. Therefore, many of the abuse and neglect allegations for these individuals would be reported to the DSHS. There is also an effort to make sure that no one slips through the cracks. The FAPs have an array of rehabilitative services. There are three or four other states with bills pending on this issue. There are three MOUs that address this issue: an MOU for the Navy that applies statewide, an MOU that relates to Joint Base Lewis-McChord, and an MOU that relates to Fairchild Airforce Base.
(Opposed) None.
Persons Testifying: Mark San Souci, Department of Defense State Liaison Office.
Persons Signed In To Testify But Not Testifying: None.