1110.E AAS 4/9/93

EHB 1110 - S COMM AMD  (S2886.l)

By Committee on Law & Justice

                              ADOPTED AS AMENDED by Z0944.1 4/9/93

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 26.44.020 and 1988 c 142 s 1 are each amended to read as follows:

    For the purpose of and as used in this chapter:

    (1) "Court" means the superior court of the state of Washington, juvenile department.

    (2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff.

    (3) "Practitioner of the healing arts" or "practitioner" means a person licensed by this state to practice ((podiatry)) podiatric medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathy and surgery, or medicine and surgery or to provide other health services.  The term "practitioner" shall include a duly accredited Christian Science practitioner:  PROVIDED, HOWEVER, That a person who is being furnished Christian Science treatment by a duly accredited Christian Science practitioner shall not be considered, for that reason alone, a neglected person for the purposes of this chapter.

    (4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care.

    (5) "Department" means the state department of social and health services.

    (6) "Child" or "children" means any person under the age of eighteen years of age.

    (7) "Professional school personnel" shall include, but not be limited to, teachers, counselors, administrators, child care facility personnel, and school nurses.

    (8) "Social service counselor" shall mean anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution.

    (9) "Psychologist" shall mean any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

    (10) "Pharmacist" shall mean any registered pharmacist under the provisions of chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

    (11) "Clergy" shall mean any regularly licensed or ordained minister, priest or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.

    (12) "Child abuse or neglect" shall mean the injury, sexual abuse, sexual exploitation, or negligent treatment or maltreatment of a child by any person under circumstances which indicate that the child's health, welfare, and safety is harmed  thereby.  An abused child is a child who has been subjected to child abuse or neglect as defined herein:  PROVIDED, That this subsection shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not proved to be injurious to the child's health, welfare, and safety:  AND PROVIDED FURTHER, That nothing in this section shall be used to prohibit the reasonable use of corporal punishment as a means of discipline.  No parent or guardian shall be deemed abusive or neglectful solely by reason of the parent's or child's blindness, deafness, developmental disability, or other handicap.

    (13) "Child protective services section" shall mean the child protective services section of the department.

    (14) "Adult dependent persons not able to provide for their own protection through the criminal justice system" shall be defined as those persons over the age of eighteen years who have been found legally incompetent pursuant to chapter 11.88 RCW or found disabled to such a degree pursuant to said chapter, that such protection is indicated:  PROVIDED, That no persons reporting injury, abuse, or neglect to an adult dependent person as defined herein shall suffer negative consequences if such a judicial determination of incompetency or disability has not taken place and the person reporting believes in good faith that the adult dependent person has been found legally incompetent pursuant to chapter 11.88 RCW.

    (15) "Sexual exploitation" includes:  (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child for commercial purposes as those acts are defined by state law by any person.

    (16) "Negligent treatment or maltreatment" means an act or omission which evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety.

    (17) "Developmentally disabled person" means a person who has a disability defined in RCW ((71.20.016)) 71A.10.020.

    (18) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard the general welfare of such children and shall include investigations of child abuse and neglect reports, including reports regarding child care centers and family child care homes, and the development, management, and provision of or referral to services to ameliorate conditions which endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home.  In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect.

    (19) "Malice" or "maliciously" means an evil intent, wish, or design to vex, annoy, or injure another person.  Such malice may be inferred from an act done in wilful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a wilful disregard of social duty.

(20) "Sexually aggressive youth" means a child who is defined in RCW 74.13.075(1)(b) as being a "sexually aggressive youth."

NEW SECTION. Sec. 2.  A new section is added to chapter 26.44 RCW to read as follows:

    (1) If a law enforcement agency receives a complaint that alleges that a child under age twelve has committed a sex offense as defined in RCW 9.94A.030, the agency shall investigate the complaint.  If the investigation reveals that probable cause exists to believe that the youth may have committed a sex offense and the child is at least eight years of age, the agency shall refer the case to the proper county prosecuting attorney for appropriate action to determine whether the child may be prosecuted or is a sexually aggressive youth.  If the child is less than eight years old, the law enforcement agency shall refer the case to the department.

    (2) If the prosecutor or a judge determines the child cannot be prosecuted for the alleged sex offense because the child is incapable of committing a crime as provided in RCW 9A.04.050 and the prosecutor believes that probable cause exists to believe that the child engaged in acts that would constitute a sex offense, the prosecutor shall refer the child as a sexually aggressive youth to the department.  The prosecutor shall provide the department with an affidavit stating that the prosecutor has determined that probable cause exists to believe that the juvenile has committed acts that could be prosecuted as a sex offense but the case is not being prosecuted because the juvenile is incapable of committing a crime as provided in RCW 9A.04.050.

    (3) The department shall investigate any referrals that allege that a child is a sexually aggressive youth.  The purpose of the investigation shall be to determine whether the child is abused or neglected, as defined in this chapter, and whether the child or the child's parents are in need of services or treatment.  The department may offer appropriate available services and treatment to a sexually aggressive youth and his or her parents or legal guardians as provided in RCW 74.13.075 and may refer the child and his or her parents to appropriate treatment and services available within the community.  If the parents refuse to accept or fail to obtain appropriate treatment or services under circumstances that indicate that the refusal or failure is child abuse or neglect, as defined in this chapter, the department may pursue a dependency action as provided in chapter 13.34 RCW.

    (4) Nothing in this section shall affect the responsibility of a law enforcement agency to report incidents of abuse or neglect as required in RCW 26.44.030(5).

    Sec. 3.  RCW 74.13.075 and 1990 c 3 s 305 are each amended to read as follows:

    (1) For the purposes of funds appropriated for the treatment of ((at-risk juvenile sex offenders, "at-risk juvenile sex offenders)) sexually aggressive youth, the term "sexually aggressive youth" means those juveniles who:

(a) Are in the care and custody of the state ((who)) and:

    (((a))) (i) Have been abused; and

    (((b))) (ii) Have committed a sexually aggressive or other violent act that is sexual in nature; or

    (((c))) (b) Cannot be detained under the juvenile justice system due to being under age twelve and incompetent to stand trial for acts that could be prosecuted as sex offenses as defined by RCW 9.94A.030 if the juvenile was over twelve years of age, or competent to stand trial if under twelve years of age.

    (2) In expending these funds, the department of social and health services shall establish in each region a case review committee to review all cases for which the funds are used.  In determining whether to use these funds in a particular case, the committee shall consider:

    (a) The age of the juvenile;

    (b) The extent and type of abuse to which the juvenile has been subjected;

    (c) The juvenile's past conduct;

    (d) The benefits that can be expected from the treatment; ((and))

    (e) The cost of the treatment; and

(f) The ability of the juvenile's parent or guardian to pay for the treatment.

NEW SECTION. Sec. 4.  The secretary of the department of social and health services is authorized to transfer surplus, unused treatment funds from the civil commitment center operated under chapter 71.09 RCW to the division of children and family services to provide treatment services for sexually aggressive youth."

EHB 1110 - S COMM AMD

By Committee on Law & Justice

                              ADOPTED AS AMENDED BY Z0944.1 4/8/93

    On page 1, line 1 of the title, after "youth;" strike the remainder of the title and insert "amending RCW 26.44.020 and 74.13.075; adding a new section to chapter 26.44 RCW; and creating a new section."

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