SENATE BILL REPORT

SB 5554

BYSenators Talmadge, Wojahn, Kiskaddon, Stratton, Kreidler, McCaslin, Moore and Newhouse

Revising provisions relating to child protective services.

Senate Committee on Judiciary

Senate Hearing Date(s):January 16, 1987; January 19, 1987; February 12, 1987

Majority Report:  Do pass and refer to Committee on Human Services & Corrections.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; McCaslin, Moore, Nelson.

Senate Staff:Carolyn J. Mayer (786-7465)

                  February 12, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, FEBRUARY 12, 1987

BACKGROUND:

The Department of Social and Health Services conducted an internal review of Child Protective Services systems and programs and submitted a written report based upon intensive study.  The Department submitted to the Senate Judiciary and the Senate Human Services and Corrections Committees a list of proposals for recommended statutory changes based upon the study.

SUMMARY:

The Legislature declares that the family unit should remain intact in the absence of reasonable grounds to believe a child's health, safety, or welfare will be seriously endangered in the home.

Five working days before a dispositional hearing on a dependency petition, the Department must provide the parents of the child an opportunity to review and comment on the agency's written social study and proposed service plan.  If the parents fail to offer a written alternative containing any disagreement with the agency's plan, the court shall assume that the parents are in agreement with the agency plan.

A petition for termination of parental rights may allege that the child was under 18 months of age and the abuse or neglect endangered the child's life or caused lasting impairment of bodily functions and powers, or seriously endangered the child's opportunity for normal growth, and that the child has been removed and not returned to his parents or usual caretakers at the time of the hearing.  Alternatively, the petition may allege that the child was under two years of age, the parent is incapable of providing adequate care, and that the parents' problems cannot be remedied by any available service program within a reasonable period of time as demonstrated by clear, cogent and convincing evidence.  A petition may allege that a child's parents are unknown and no person has acknowledged paternity and requested custody of him.

The Legislature finds and declares that the bond between a child and his or her parent, custodian, or guardian is important.  In all cases, persons investigating reports of child abuse should take into account accepted child rearing practices of the child's culture.

The definition of Child Protective Services includes investigative powers, referral to services, and development, management, and provision of services to remedy conditions which endanger children.  Coordination of necessary programs and services regarding the prevention and treatment of child abuse and neglect cases is also included.

Any case of suspected abuse, neglect, or sexual assault that is referred to the Department by a licensed medical practitioner based upon expert opinion shall be considered substantiated unless both the Department and Child Protective Services agree on the basis of medical consultation that such opinion is incorrect.  If no such agreement is reached, the case must be judicially reviewed before the child is returned home.  The Department, upon receiving reports of abuse or neglect, may interview children without prior parental notification or consent on school premises, at day care facilities, at the child's home, or at other locations outside of the presence of the parents.  The Department shall have access to all relevant records of the child in the possession of mandated reporters and their employees.

The burden of proof required by law in order to obtain a court ordered evaluation of abused or neglected children and their parents is reduced to "a preponderance of the evidence."

Child Protective Services is required to notify any licensing board, sanctioning group, or school administration when a member, licensee, or employee has been reported to the central registry as a perpetrator of child abuse or neglect, and written findings must be made available upon request.

Implementation of a children's services staff training academy shall be developed by DSHS, Western Washington University and other appropriate consultants.  Provision shall be made for completion of a course of training within the first three months of employment before workers are assigned to case management duties without direct supervision.  Competency testing and a plan for advanced and ongoing training shall be included in the plan which shall be submitted to the Legislature together with the estimated cost of funding by November 1, 1987.

Fiscal Note:      requested

Senate Committee - Testified: Bailey DeIongh, Washington Association of Public Defenders; William, Backlund, M.D.; Della Cornwall, Safe our Family Ties; Marilyn Guenther, Coalition of Concerned Citizens; Sonnia Bean; Margaret Terrell