SENATE BILL REPORT
E2SSB 5659
BYSenate Committee on Ways & Means (originally sponsored by Senators Wojahn, Talmadge, Kreidler, Fleming, Kiskaddon and Nelson; by request of Office of the Governor)
Providing for services for the protection of children.
Senate Committee on Human Services & Corrections
Senate Hearing Date(s):February 18, 1987; March 3, 1987
Majority Report: That Substitute Senate Bill No. 5659 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.
Signed by Senators Wojahn, Chairman; Stratton, Vice Chairman; Anderson, Deccio, Johnson, Kiskaddon, Kreidler, Tanner.
Senate Staff:Jean Soliz (786-7755)
March 5, 1987
Senate Committee on Ways & Means
Senate Hearing Date(s):March 6, 1987
Majority Report: That Second Substitute Senate Bill No. 5659 be substituted therefor, and the second substitute bill do pass.
Signed by Senators McDermott, Chairman; Gaspard, Vice Chairman; Bauer, Bluechel, Cantu, Fleming, Kreidler, McDonald, Moore, Owen, Rinehart, Saling, Talmadge, Vognild, Williams, Zimmerman.
Senate Staff:Suzanne Petersen (786-7715)
April 17, 1987
AS PASSED SENATE, MARCH 16, 1987
BACKGROUND:
Several legislative hearings regarding Child Protective Services were held in which agency personnel expressed confusion about legislative intent as to service priorities. Additional testimony referred to various statutory problems, the efficacy of Child Protective Services and legislative recommendations in a DSHS internal review report.
The Governor appointed a task force to review current statutes and agency procedures related to child abuse cases. In response to recommendations from the child abuse task force, the Governor submitted legislation which modifies the juvenile dependency and the abuse of children chapters.
SUMMARY:
The intent language of the child abuse and juvenile dependency chapters is clarified regarding the duty of CPS to protect a child's right to safety.
A guardian ad litem shall be appointed in all contested proceedings in which child abuse is alleged, but appointment of a guardian is discretionary in uncontested proceedings. In juvenile dependency disposition proceedings the Department must allow parents to review the proposed disposition plan ten days prior to the hearing and the plan must be presented in a form understandable to the parents.
The Department retains the responsibility to investigate all incidents that may constitute abuse or neglect, but the Department may establish risk assessment criteria for possible future use in caseload priority setting. The Department must notify parents prior to interviewing a child regarding alleged abuse, and parents are given the right to have a third person of their own choosing present at the interview. The child abuse chapter is not to be construed as prohibiting the use of reasonable corporal punishment as a means of discipline.
The Department is required to maintain and periodically review investigation records and must maintain a log of cases screened out as nonabusive. CPS is granted access to relevant records of mandated reporters and their employees. The Department must report regarding adjudicated or admitted child abusers to school boards and licensing boards.
When a medical practitioner refers a case to children's protective services and renders an expert opinion that abuse or neglect has occurred, the Department must seek court review unless a second medical practitioner and CPS agree that no abuse or neglect has occurred.
Termination of the parent-child relationship is simplified in cases where a child less than two years old was seriously abused and where the parental deficiency cannot reasonably be expected to be corrected.
A training academy shall be established to train and test CPS workers. A plan for this academy shall be submitted to the Legislature by November 1, 1987.
Local service offices must assist in the creation of accountability boards, which will review petitions from parents who have had their children placed outside of the home. The accountability boards are to review the actions of the CPS workers and recommend retraining, reprimand, suspension or termination.
Fiscal Note: available
Senate Committee - Testified: HUMAN SERVICES & CORRECTIONS: Maggie Kennedy, Childhaven; Ken Steely, Bill of Rights Legal Foundation; Bailey de Iongh, King County Public Defender; Steve Johnston, Pierce County Juvenile Court; Dr. Eric Trupin, Governor's Task Force on Child Protective Services
Senate Committee - Testified: WAYS & MEANS: Senator Ann Anderson
HOUSE AMENDMENTS:
The intent section of the juvenile dependency statute is changed to omit reference to the paramount goal of the juvenile court. The intent section of the child abuse statute changed from "best interests" of the child to "safety".
Current language making appointment of a guardian ad litem discretionary under the dependency statutes, and mandatory under the child abuse statutes is retained.
Expedited terminations are eliminated for children under age two who have suffered serious abuse and whose parents are not likely to become capable of parenting in the near future.
The right to use reasonable parental discipline is retained but described as discipline which is not proved to be injurious to a child's health, welfare and safety.
The Department must file a juvenile court dependency action or obtain a second contradictory medical opinion only if the case involves serious abuse, and the parents may choose the physician for the second medical opinion. A child who has been abused may be returned home if the physician and the Department agree that no imminent danger to the child's health and safety exists.
When Children's Protective Services interviews a child, parents must be notified at the earliest possible point in the investigation that will not jeopardize the safety of the child or the course of the investigation. The child may request the presence of a third party at the interview, or the Department shall make reasonable efforts to include a third party at the interview, unless the child objects.
The Department shall use a risk assessment tool to assess the service needs of children in three local office service areas, and shall offer enhanced community-based services, within appropriated funds, for families determined not to require state intervention.
In judicial proceedings related to child abuse, the court has discretion to order medical or psychological evaluations of the child, parent or anyone having custody.
The Department's obligation to report information regarding adjudicated or admitted child abusers is made discretionary.
Provisions requiring the creation of a Children's Protective Services workers' training academy are deleted. Sections establishing accountability boards are omitted. These boards would have utilized local citizens to review actions of Children's Protective Service workers in order to recommend sanctions.