HOUSE BILL REPORT

SHB 608

BYHouse Committee on Judiciary (originally sponsored by Representatives P. King, Hargrove, Patrick, Heavey, Padden, Kremen, Crane, Bristow, Appelwick, Locke, Lewis, Moyer, L. Smith, Holm, Haugen, Todd, Jesernig and Sanders)

Imposing penalties for malicious reporting of child or dependent adult abuse or neglect.

House Committe on Judiciary

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (13)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Hargrove, Heavey, P. King, Lewis, Moyer, Padden, Schmidt, Scott, Wang and Wineberry.

House Staff:Harry Reinert (786-7110)

AS PASSED HOUSE FEBRUARY 5, 1988

BACKGROUND:

Health care practitioners, professional school persons, social workers, pharmacists, and employees of the Department of Social and Health Services are required to notify a law enforcement agency or the department when there is reasonable cause to believe that a child or adult dependent is subject to abuse or neglect.  The report must be made within 48 hours of having reasonable cause.

Any other person who has reasonable cause to believe that a child or adult person is subject to abuse or neglect may report the situation to law enforcement personnel.

The department must report to local law enforcement any cases in which an abused or neglected person has either died of injuries or been subjected to sexual abuse.  Law enforcement agencies must report such circumstances to the prosecuting authority.

A person who makes a good faith report of abuse is immune from liability in making the report or testifying in court.  A hospital or physician is not liable for taking a child into custody because of suspected abuse or neglect.

SUMMARY:

Law enforcement agencies, when receiving a report of abuse or neglect, may interview the person making the report to determine the facts and to determine if malice was involved in the reporting.

Any person who acts in bad faith or maliciously and makes a false report of child abuse or neglect is guilty of a gross misdemeanor.  A person convicted of making a false report is not immune from civil liability.

EFFECT OF SENATE AMENDMENT(S):  The Senate amendment makes technical corrections to recognize that statutes amended by the bill have been amended since this bill's introduction.  The amendment also modifies the grant of power given to law enforcement agencies to provide that interviews may be conducted to determine if malice is involved.  The amendment also modifies the penalty provisions.  It makes it unlawful for a person to intentionally and in bad faith or maliciously, knowingly to make a false report of abuse or neglect.  The substitute bill only required bad faith or maliciousness.  The amendment reduces the classification of this new offense from a gross misdemeanor to a misdemeanor.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     William Backlund, VOCAL; Rocky Taylor.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     The incidence of false reports of child abuse is increasing.  Reports are frequently made to harass the person accused of abuse.

House Committee - Testimony Against: None Presented.

VOTE ON FINAL PASSAGE:

     Yeas 94; Excused 4

Excused:   Representatives Allen, Amondson, Bumgarner, Chandler