H-3217              _______________________________________________

                                                   HOUSE BILL NO. 2581

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Bowman, Sayan, McLean, Brumsickle, Walker, Rector, Miller, Schoon, Tate and Winsley

Read first time 1/15/90 and referred to Committee on Human Services.

AN ACT Relating to protection of adult dependent and developmentally disabled persons; amending RCW 26.44.056; and reenacting and amending RCW 26.44.050.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 5, chapter 13, Laws of 1965 as last amended by section 5, chapter 206, Laws of 1987 and by section 7, chapter 450, Laws of 1987 and RCW 26.44.050 are each reenacted and amended to read as follows:

          Upon the receipt of a report concerning the possible occurrence of  abuse or neglect, it shall be the duty of the law enforcement agency or the department of social and health services to investigate and provide  the  protective services section with a report in accordance with the provision of chapter 74.13 RCW, and where necessary to refer such report to the court.

          A law enforcement officer may take, or cause to be taken, a child or adult dependent or developmentally disabled person into custody without a court order if there is probable cause to believe that the child or adult dependent or developmentally disabled person is abused or neglected and that the child or adult dependent or developmentally disabled person would be injured or could not be taken into custody if it were necessary to first obtain a court order pursuant to RCW 13.34.050. The law enforcement agency or the department of social and health services investigating such a report is hereby authorized to photograph such a child or adult dependent or developmentally disabled person for the purpose of providing documentary evidence of the physical condition of the child, adult dependent or developmentally disabled person.

        Sec. 2.  Section 9, chapter 217, Laws of 1975 1st ex. sess. as last amended by section 3, chapter 246, Laws of 1983 and RCW 26.44.056 are each amended to read as follows:

          (1) An administrator of a hospital or similar institution or any physician, licensed pursuant to chapters 18.71 or 18.57 RCW, may detain a child or adult dependent or developmentally disabled person without consent of a person legally responsible for the child or adult dependent or developmentally disabled person whether or not medical treatment is required, if the circumstances or conditions of the child or adult dependent or developmentally disabled person are such that the detaining individual has reasonable cause to believe that permitting the child or adult dependent or developmentally disabled person to continue in his or her place of residence or in the care and custody of the parent, guardian, custodian or other person legally responsible for the child's or adult dependent or developmentally disabled person's care would present an imminent danger to that child's or adult dependent or developmentally disabled person's safety:  PROVIDED, That such administrator or physician shall notify or cause to be notified the appropriate law enforcement agency or ((child protective services)) the department pursuant to RCW 26.44.040.  Such notification shall be made as soon as possible and in no case longer than seventy-two hours.   Such temporary protective custody by an administrator or doctor shall not be deemed an arrest.  ((Child protective services)) The department may detain the child or adult dependent or developmentally disabled person until the court assumes custody, but in no case longer than seventy-two hours, excluding Saturdays, Sundays, and holidays.

          (2) Whenever an administrator or physician has reasonable cause to believe that a child or adult dependent or developmentally disabled person would be in imminent danger if released to a parent, guardian, custodian, or other person or is in imminent danger if left in the custody of a parent, guardian, custodian, or other person, the administrator or physician may notify a law enforcement agency and the law enforcement agency shall take the child or adult dependent or developmentally disabled person into custody or cause the child or adult dependent or developmentally disabled person to be taken into custody.  The law enforcement agency shall release the child or adult dependent or developmentally disabled person to the custody of ((child protective services)) the department.  ((Child protective services)) The department shall detain the child or adult dependent or developmentally disabled person until the court assumes custody or upon a documented and substantiated record that in the professional judgment of the ((child protective services)) department the child's or adult dependent or developmentally disabled person's safety will not be endangered if the child or adult dependent or developmentally disabled person is returned.  If the child or adult dependent or developmentally disabled person is returned, the department shall establish a six-month plan to monitor and assure the continued safety of the child's or adult dependent or developmentally disabled person's life or health.  The monitoring period may be extended for good cause.

          (3) A ((child protective services)) department employee, an administrator, doctor, or law enforcement officer shall not be held liable in any civil action for the decision for taking the child or adult dependent or developmentally disabled person into custody, if done in good faith under this section.