SENATE BILL REPORT

SB 6174

BYSenators Kiskaddon, Stratton, Bailey, Pullen and Garrett

Requiring abuse and neglect to be reported both to law enforcement agencies and to the department of social and health services.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 25, 1988; January 26, 1988

Majority Report:  That Substitute Senate Bill No. 6174 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Kiskaddon, Chairman; Bailey, Vice Chairman; Craswell, Fleming, Garrett, McDonald, Stratton.

Senate Staff:Jennifer Strus (786-7472)

                  January 26, 1988

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, JANUARY 26, 1988

BACKGROUND:

Current law states that when someone has reasonable cause to believe that a child, dependent adult or developmentally disabled person has been abused or neglected, he or she can report it to either a law enforcement agency or the Department of Social and Health Services.

Concern has been raised that if the Department of Social and Health Services is called before a law enforcement agency, valuable physical evidence of the abuse or neglect can be lost, interfering with the state's ability to prosecute.

SUMMARY:

A person who is required by statute to report suspected neglect or abuse of a child, dependent adult or developmentally disabled person must make the report to both the Department of Social and Health Services and to the appropriate law enforcement agency.  A person who is not required by statute to report suspected abuse or neglect, but who chooses to do so, must also report the suspected abuse or neglect to both the Department and the appropriate law enforcement agency.

EFFECT OF PROPOSED SUBSTITUTE:

The Department must report incidents of abuse or neglect in which a child, dependent adult or developmentally disabled person has died, been physically injured or sexually abused to the appropriate law enforcement agency as soon as possible after the Department receives the report.  In no case shall the Department wait longer than 24 hours after it receives the report to report the incident to the appropriate law enforcement agency.  If the Department's initial report to law enforcement is oral, it shall provide law enforcement with a written report within five days of making the oral report.

Law enforcement agencies must notify the Department of all reports of abuse or neglect in which a child, dependent adult or developmentally disabled person has died, been physically injured or sexually abused and the agency's disposition of those reports as soon as possible after receiving the report.  In no case can the agency wait longer than 24 hours after receiving the report to notify the Department.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Detective Lawrence Daly, King County Department of Public Safety; Joyce Hopson, Department of Social and Health Services; Chuck Talmage, Executive Director, Association of Washington School Principals; Ed Larsen, Washington State Medical Association