SENATE 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

Senate Committee on Law & Justice

Senate Hearing Date(s):February 17, 1988; February 24, 1988

Majority Report:     Do pass as amended.

     Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Nelson, Newhouse.

Senate Staff:Jeanne Cushman Scott (786-7461)

                March 7, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 24, 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.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The elements of the crime of malicious reporting are modified to require that the false report be made intentionally.  The penalty for the crime is modified.  A person who, intentionally and in bad faith, knowingly makes a false report of abuse or neglect shall be guilty of a misdemeanor.

Appropriation:  none

Revenue:   none

Fiscal Note:    available

Senate Committee - Testified:   William Backlund, M.D.; Richard Winters, DSHS