FINAL BILL REPORT

2SSB 5659

PARTIAL VETO

                                  C 524 L 87

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 and Committee on Ways & Means

House Committe on Human Services

Rereferred House Committee on Ways & Means/Appropriations

SYNOPSIS AS ENACTED

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 chapter is clarified regarding the paramount goal of CPS to protect a child's right to safety.  The rights of basic nurture, mental and physical safety of a child must prevail when they conflict with the legal rights of the parents.

In juvenile dependency disposition proceedings, the Department must allow parents to review the proposed disposition plan at least ten days prior to the hearing and the plan must be presented in a form understandable to the parents.  Parents may submit alternative plans and oral arguments if they disagree with the proposed plan.

The Department retains the responsibility to investigate all incidents that may constitute abuse or neglect.  Physical and emotional evaluations may be authorized by the Department when a child is in shelter care.  The Department shall use a risk assessment tool to assess the service needs of children in three local office service areas on a pilot basis, and shall offer enhanced community-based services, within appropriated funds, for families determined not to require state intervention.

When Child 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 child abuse chapter is not to be construed as prohibiting the use of reasonable corporal punishment as a means of discipline, but the punishment must not be injurious to a child's health, welfare and safety.

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 may report regarding adjudicated or admitted child abusers to school boards and licensing boards.

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.

When a licensed physician refers a case to Child Protective Services, based on an opinion that abuse has occurred, the Department must file a juvenile court dependency action or obtain a second contradictory medical opinion if the case involves serious abuse.  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.

VOTES ON FINAL PASSAGE:

      Senate    49     0

      House 97   1 (House amended)

      Senate    43     6 (Senate concurred)

EFFECTIVE:July 26, 1987

Partial Veto Summary:  A section is eliminated which would have renumbered the termination statutes to correlate with amendments that failed to pass the Legislature.  The veto deletes a section which would have changed the agency's paramount goal from protecting the "best interests" of a child to protecting the "safety."  (See VETO MESSAGE)