HOUSE BILL REPORT

HB 759

BYRepresentatives Scott, Brough, Leonard, P. King, Moyer, May, R. King, Todd, Winsley, Hankins, Holm and Sutherland; by request of Governor Gardner

Providing for services for the protection of children.

House Committe on Human Services

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (7)

     Signed by Representatives Brekke, Chair; Scott, Vice Chair; Leonard, Moyer, H. Sommers, Wang and Winsley.

Minority Report:     Do not pass.  (1)

     Signed by Representative Padden

House Staff:Jean Wessman (786-7132)

AS REPORTED BY COMMITTEE ON HUMAN SERVICES MARCH 4, 1987

BACKGROUND:

Following a tragic death of a child from alleged child abuse, focus was placed on the state's Child Protective Services system.  The Governor's Office responded to the increased attention on child abuse and neglect by naming a Governor's Task force to look into the functioning of Child Protective Services and recommend such changes as they saw appropriate.  The Task Force was made up of professionals in the judicial, law enforcement, medical and service provider fields.  Utilizing the internal review completed by the Department of Social and Health Services and a comprehensive study of Child Protective Services processes, the Task Force came up with a set of recommendations for suggested legislation.

SUMMARY:

SUBSTITUTE BILL:  In both the child abuse and neglect and dependency statues, the need for safety and security from harm of the child is paramount over the rights of the family.  Definitions of health provider and social worker are expanded.  The definition of child abuse and neglect is expanded and different criteria specified.  Child Protective Services is expanded to include service provision and not just investigation.  The list of mandated reporters is expanded to include child care providers and juvenile probation officers.  When reports are received, children may be interviewed without their parents notification or consent.  Access to the mandated reporter's records on the child are guaranteed.  In order to clarify the severity and risk to the child of reported cases of abuse and neglect, the Department of Social and Health Services shall implement the risk assessment tool developed internally.  This tool is to be examined annually to keep up to date with current research.

Use of the risk assessment tool requires the adequate provision of community services to handle referrals from the Department of Social and Health Services.  Community services include, but are not limited to, early childhood education, visiting public health nurses, parenting education, prenatal care, homemakers, etc.

The standard of evidence for allowing physical or mental examinations for a judicial proceeding is lowered.  Consultation with the physician or hospital is required when a child had been detained and return home is being considered.  Notification of a board of licensing, certifying authority or school administration is required in connection with central registry reports.

Shelter care regulations are amended to exclude Saturdays in counting the 72 hour limit for care and allow physical and mental evaluations.  Parents are allowed the opportunity to review and amend the required social study which is part of this disposition hearing.

Termination statutes are amended to put a six-month time limit on an uncorrectable home situation, clarifying abandonment and allow for not requiring a six month out-of-home placement when the other conditions for termination are met.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The preamble is amended to state that the child's need for safety and security from harm should prevail over preservation of the family. "Other body parts" used in defining child sexual abuse, is amended to "breasts" and touching the specified parts. Lack of provision of mental health services is deleted as constituting child neglect. The specific terms constituting abuse by risking intellectual, psychological or emotional health are replaced with physical or mental health.

Definition of Child Protective Services (CPS) is expanded to state the purpose of CPS duties and include referral to services. In the duties of Child Protective Services, the specific situations of abuse and neglect are deleted and the section amended to mandate investigation of abuse or neglect according to department-established investigation standards which require gathering of appropriate information to assess risk and make an appropriate referral for services.

The Department of Social and Health Services shall implement the risk assessment tool on a pilot basis office-by-office preceded by specific training on the model.  Implementation shall be statewide over the course of one year.  Outcome measures and goals shall accompany implementation.  Training levels are required for the screening caseworkers.  Community services are to be assured to screened out cases subject to available funds.

The language is clarified in reporting a person to a licensing board, certifying authority or school administration to mean the person who has admitted to having committed child abuse or adjudicated to have committed.  What the Department provides to the central registry, shall be available to the named board or authorities.

The preamble to the dependency statute is amended to specify that it is for the proceedings of the dependency statute only.  The family unit shall remain intact in the absence of reasonable grounds to believe the child's health, safety or welfare is endangered in the home.

A specific period of at least five days prior the disposition hearing is mandated for allowing the parents to review the department's social study and plan.

The condition of a child under two years of age who suffered substantial life-endangering or lasting impairment, was removed from the parents, with the parents incapable of providing adequate care or having irremediable deficiencies is added to the list of allegations necessary for termination.  The condition of a child under two years of age where the parents are incapable of providing care due to chronic psychological problems and those problems cannot be remedied in the near future is added to the list of termination allegations.  The six month out-of-home placement before termination is suspended when the above conditions exist.

Fiscal Note:    Requested February 6, 1987

House Committee ‑ Testified For:     Kathy Sullivan, Office of the Governor; Judge Rosanne Buckner, Chair, Governor's Task Force on Child Protective Services; Jerry Wasson, Division of Children and Family Services, Department of Social and Health Services; Margie Kranz, Private Citizen;  and John LeVeque, Association for Children, Youth and Families.

House Committee - Testified Against: William Backlund, M. D., and Della Cornwall, Save Our Families Ties; Steve Goldstein, Husbands Against Discriminatory Divorce; and Dr. James Mischel, Private Citizen.

House Committee - Testimony For:     These changes to the current child abuse and neglect and dependency statutes are the recommendations of the Governor's Task Force on Child Abuse and Neglect.  After several months of study, the Task Force concluded that these statutory amendments and additions are necessary to protect the state's children and improve the functioning of the state's Child Protective Services.  The need of a child to safety and security from harm needs to prevail over the statutory mandate to keep the family intact when in conflict with that mandate, in order to protect the state's children.  The definitions of what constitutes child abuse and neglect need to be specified.  The role of Child Protective Services of providing services or referring to services needs to be in statute for clarification of their duties.  Child care providers and juvenile probation officers need to be included as mandated reporters because of their close contact with large numbers of children.  In order to receive unbiased accounts of abuse and neglect, caseworkers need authority to interview children without parental notification or consent and outside of their presence.  To be able to devote needed attention to the most severe cases, caseworkers must be able to prioritize abuse and neglect reports.  The risk assessment model will allow them to accurately screen out low risk cases and refer them to appropriate services.  In a small number of cases the allegations substantiating termination of parental rights are such that the department should not have to wait six months for termination but be able to act immediately to find the child a safe permanent home.

House Committee - Testimony Against: The definitions of abuse and neglect are still too vague and can be easily misconstrued so that ordinary and harmless actions could be considered abuse and neglect and families broken up.  Too much subjective interpretation is allowed for by caseworkers if these definitions are adopted.  There is concern that caseworkers interviewing children outside of the presence of their parents could lead the child to say things that are untrue.  The parents should have more time to work on an alternative plan before a dispositional hearing.  The changes in the termination of parental rights section appear to be in conflict with federal law requiring reasonable efforts to prevent removal of a child, and if removed, to reunify the family.  Child Protective Services should be alert to unfounded assertions of sexual abuse in divorce and custody cases and allow videotaping of interviews with alleged victims and mandating competence levels for counselors who receive referrals for evaluation of alleged incidents.