SENATE BILL REPORT

SB 5076

BYSenators Craswell, Rasmussen and Owen

Providing an exception to corporal punishment prohibition.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 24, 1989; January 30, 1989

Majority Report:  Do pass.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Stratton, Vognild.

Senate Staff:Carol Pedigo (786-7417)

                  January 30, 1989

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, JANUARY 30, 1989

BACKGROUND:

Group care facilities, child-placing agencies, maternity service, day care centers, foster family homes and crisis residential centers are licensed under RCW 74.15.  The statute currently makes no mention of discipline methods to be used in these facilities.

Before 1987 the Washington Administrative Code allowed child care providers to use corporal punishment as long as it was nothing more severe than spanking with an open hand on the buttocks, which did not leave a bruise.  In 1987 the WACs were changed to eliminate all use of corporal punishment by child care providers.

SUMMARY:

A new section is added to Chapter 74.15 RCW which prohibits all types of corporal punishment, except spanking with the flat of the hand on the buttocks in a manner that does not result in bruises or other physical harm, when other methods of discipline have proved to be ineffective.

In addition, the bill stipulates that using physical restraint to protect persons on the premises from physical injury, to obtain possession of a weapon or dangerous object, and to protect property from serious harm is not construed to constitute corporal punishment.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Dr. David Peoples, FOCAL (pro); Donald Knapp, foster parent (con); Nancy Montgomery, foster parent (pro); Kathy Vogel, foster parent (pro); Lavina Snea, foster parent (pro); Karen Tvedt, Department of Social and Health Services (con); Carol Mason, Washington Association of Child Abuse Councils (con); David Jolly, foster parent (pro); Melinda Jolly, foster parent (pro)