SENATE BILL REPORT

SB 5214

BYSenator Smith

Mandating abuse and neglect reporting.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 31, 1989; February 15, 1989

Majority Report:  That Substitute Senate Bill No. 5214 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Alice Zaleski (786-7755)

                  February 15, 1989

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, FEBRUARY 15, 1989

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.

The concern is that if the Department of Social and Health Services does not contact a law enforcement agency shortly after receiving a report of abuse or neglect, valuable physical evidence of the abuse or neglect can be lost, interfering with the state's ability to prosecute.

SUMMARY:

The Department of Social and Health Services 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.

EFFECT OF PROPOSED SUBSTITUTE:

The Department of Social and Health Services shall notify the proper law enforcement agency within 24 hours of an emergency case of abuse or neglect of a child, adult dependent or developmentally disabled person.  In all other cases, the department shall notify the proper enforcement agency within 72 hours.

A law enforcement agency shall notify the Department of Social and Health Services within 24 hours of emergency cases of abuse or neglect and the disposition of those cases.  In all other cases, law enforcement shall notify the department within 72 hours.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Katherine Brier, Department of Social and Health Services; Ted Jacoby, Seattle Police Department (con)