S-4516

AN ACT Relating to citizen review of child abuse and neglect cases; amending RCW 44.04.220; reenacting and amending RCW 13.50.010; creating new sections; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that it is critically important to the basic nurture, health, and safety of children that the state operate a state-wide program relating to child abuse and neglect that includes the creation of regional citizen review panels. The creation of these panels is intended to meet the federal requirements contained in the federal child abuse prevention and treatment act, 42 U.S.C. Sec. 5106a. Citizen review panels will enable community members to contribute to improving the policy and programs critical to the well-being of children and their families and to ensure that the state's plan for the prevention and investigation of child abuse and neglect is being carried out as intended by the legislature. It has been long-standing public policy in Washington that the family unit is a fundamental resource of American life which should be nurtured. Toward continuation of this principle, the legislature finds that through the performance of these panels, which are broadly representative of the community, knowledge of the policies and procedures of state and local agencies and an examination of specific cases will occur. From this an evaluation of the state-wide program to prevent child abuse and neglect will yield improvements that are in the best interest of children and families and further the principle that the family unit should remain intact, recognizing that the child's health and safety are paramount.

NEW SECTION. Sec. 2. There are hereby created a minimum of six citizen review panels, at least one for each service delivery region of the department of social and health services. The department of community, trade, and economic development shall contract with a private nonprofit organization to serve as the administrator for and the appointing authority of the citizen review panels. The department or its contractor shall provide administrative coordination and support to the local citizen review panels and shall:

(1) Recruit applicants through public service announcements in local radio, television, and newspapers of record and accept application on a first-come basis based on postmarked date of receipt;

(2) Obtain background checks, screening applicants on the same suitability, character, and competence standards as required in RCW 74.15.130;

(3) Select citizen review panel members for each region and establish basic requirements for participation;

(4) Stagger the terms of membership on each panel so that there is always a quorum of members who have had at least six months' experience and have participated in at least two meetings of the panel;

(5) Provide consultation and basic training to local panels as requested;

(6) Compile and provide aggregate citizen review panel reports;

(7) Consider recommendations of local teams; and

(8) Ensure that they meet at least every three months.

NEW SECTION. Sec. 3. The department shall ensure that the citizen review panels have been created no later than July 1, 1999.

NEW SECTION. Sec. 4. (1) The citizen review panels shall have only those powers and duties expressly authorized under this chapter.

(2) The citizen review panels must have access to all information from the department of social and health services, criminal justice agencies, law enforcement, schools, and medical providers, and other sources that have relevant information, including reports and records made and maintained by the department and its contracting agencies.

(3) The panels shall receive, upon request and with the full assistance of the agency with the information, complete access to information on cases that the panel desires to review if such information is necessary for the panel to carry out its duties.

(4) The citizen review panels must preserve the confidentiality of all records in order to protect the rights of the child and of the child's parents or guardians. However, the state shall always have the right to refuse to disclose identifying information concerning the individual alleging suspected instances of child abuse or neglect. The state must make such information known to the citizen review panel only where a court orders such disclosure after such court has reviewed, in camera, the record of the state related to the report or complaint and has found it has reason to believe that the reporter knowingly made a false report.

NEW SECTION. Sec. 5. The powers and duties of the citizen review panels are to:

(1) Examine the policies and procedures of state agencies and, where appropriate, specific cases, to evaluate the extent to which the agencies are effectively discharging their child protection responsibilities according to the state law and the state plan required under 42 U.S.C. Sec. 5106a. These responsibilities may include a review of any of the following:

(a) The extent to which the state agencies and community-based programs have developed the capacity to integrate shared leadership strategies between parents and professionals to prevent and treat child abuse and neglect at the neighborhood level;

(b) Intake, assessment, and screening, and investigation processes for reports of child abuse and neglect;

(d) Legal preparation and representation of both children and families;

(e) Case management and service delivery systems for children and families;

(f) Risk and safety assessment tools and protocols;

(g) Automation systems that support the program and track reports of child abuse and neglect from intake through final disposition, including information referral systems;

(h) Training opportunities and requirements for individuals overseeing and providing services to children and their families through the child protective and child welfare systems;

(i) Training protocols for individuals mandated to report child abuse and neglect;

(j) Child abuse and neglect prevention, treatment, and research programs in the public and private sectors;

(k) Information, education programs, and training programs to improve the provision of service to infants with chronic disabilities or life-threatening conditions;

(l) Programs to assist in obtaining or coordinating necessary services for families of infants with disabilities or life-threatening conditions;

(m) Coordination, to the maximum extent practicable with the state plan under part B, Title IV of the Social Security Act relating to child welfare services, including adoption, and family preservation and family support services.

(2) Examine child protection standards set forth in the federal and state law, including but not limited to standards for reporting of known and suspected abuse and neglect, immediate screening, safety assessment, and prompt investigation, steps to protect the safety of abused or neglected children, immunity from prosecution for individuals who make good faith reports of suspected or known instances of abuse or neglect, methods to preserve confidentiality of records, provisions to allow for public disclosure of findings or information about cases of abuse and neglect that result in child fatality or near fatality, and the cooperation of law enforcement officials, courts of competent jurisdiction, and appropriate state agencies providing human services in the investigation, assessment, prosecution, and treatment of abuse and neglect;

(3) Examine any other criteria that the panel considers important to ensure the protection of children, including a review of the extent to which the state child protective services system is coordinated with the foster care and adoption programs established under part E, Title IV of the Social Security Act.

(4) Conduct a review of reports of child fatalities and near fatalities conducted under RCW 26.44.030.

NEW SECTION. Sec. 6. There shall be at least one citizen review panel in each of the six department of social and health services' designated service delivery regions. Each panel shall have no more than seven volunteer members who are all permanent residents living in the region, who broadly represent the region in which each panel is established. Three members shall have professional or academic expertise in the prevention and treatment of child abuse and neglect. Four members shall be members of the public at large with no fiduciary interest in publicly funded social services. "Fiduciary interest" has the same meaning as defined in RCW 70.190.010. Volunteer members of the local citizen review panels shall serve for no longer than an eighteen-month period of time and can not serve again for a period of sixty months from the date they end their eighteen-month membership. The citizen review panel shall meet no less than once every three months to examine the policies and procedures of state and local agencies and, where appropriate in specific cases, evaluate the extent to which the agencies are effectively discharging their child protection responsibilities in accordance with applicable state law. The goal of the citizen review panels is to improve the child protective services system.

NEW SECTION. Sec. 7. The department of community, trade, and economic development shall present proposed rules, policies, and procedures to the legislative children's oversight committee created in RCW 44.04.220 prior to implementation.

NEW SECTION. Sec. 8. The citizen review panels shall employ staff as necessary which may include contracting for investigators only as necessary to assist the panel in fulfilling their responsibilities.

NEW SECTION. Sec. 9. Members and staff and any staff on contract with the citizen review panel shall not disclose to any person or government official, other than the department of social and health services or the family and children's ombudsman, any identifying information about any specific child protection case with respect to which the panel is provided information and shall not make public other information unless authorized by state statute. A violation of this section is a civil penalty punishable by a fine not to exceed five thousand dollars per violation.

NEW SECTION. Sec. 10. (1) The citizen review panels may examine any child abuse and neglect case referred to the panel.

(2) Members of the legislature may refer child abuse and neglect cases, in writing, to the panel in the legislator's district for review. The panels may also receive written requests for review from the family and children's ombudsman and from the department of social and health services. No other entity or individual may refer cases to the citizen review panels.

NEW SECTION. Sec. 11. (1) Notwithstanding any confidentiality laws, if the citizen review panel finds possible criminal activity, the panel shall turn the investigation and information over to the local prosecuting attorney in the county in which the case resides.

(2) If the panel finds possible civil infractions, the panel shall turn the findings over to any interested citizen, if the conditions set forth in RCW 74.13.500 through 74.13.525 are met. The courts shall award attorney fees, costs, and triple damages, and may impose punitive damages if the citizens prevail in court.

NEW SECTION. Sec. 12. (1) All powers, duties, and functions of the department of community, trade, and economic development pertaining to entering into and administering contracts and implementation of rules, policies, and procedures pursuant to sections 2 and 7 of this act are transferred to the office of the family and children's ombudsman. All references to the director or the department of community, trade, and economic development in the Revised Code of Washington shall be construed to mean the director or the office of the family and children's ombudsman when referring to the functions transferred in this section.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of community, trade, and economic development pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the office of the family and children's ombudsman. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of community, trade, and economic development in carrying out the powers, functions, and duties transferred shall be made available to the office of the family and children's ombudsman. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of the family and children's ombudsman.

(b) Any appropriations made to the department of community, trade, and economic development for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the office of the family and children's ombudsman.

(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

(3) All employees of the department of community, trade, and economic development engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the office of the family and children's ombudsman. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of the family and children's ombudsman to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

(4) All rules and all pending business before the department of community, trade, and economic development pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the office of the family and children's ombudsman. All existing contracts and obligations shall remain in full force and shall be performed by the office of the family and children's ombudsman.

(5) The transfer of the powers, duties, functions, and personnel of the department of community, trade, and economic development shall not affect the validity of any act performed before the effective date of this section.

(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

(7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

Sec. 13. RCW 44.04.220 and 1996 c 131 s 1 are each amended to read as follows:

(1) There is created the legislative children's oversight committee for the purpose of monitoring and ensuring compliance with administrative acts, relevant statutes, rules, and policies pertaining to family and children services and the placement, supervision, and treatment of children in the state's care or in state-licensed facilities or residences. The committee shall consist of three senators and three representatives from the legislature. The senate members of the committee shall be appointed by the president of the senate. The house members of the committee shall be appointed by the speaker of the house. Not more than two members from each chamber shall be from the same political party. Members shall be appointed before the close of each regular session of the legislature during an odd-numbered year.

(2) The committee shall have the following powers:

(a) Selection of its officers and adopt rules for orderly procedure;

(b) Request investigations by the ombudsman of administrative acts;

(d)(i) Obtain access to all relevant records in the possession of the ombudsman, except as prohibited by law; and (ii) make recommendations to all branches of government;

(e) Request legislation;

(f) Conduct hearings into such matters as it deems necessary.

(3) Upon receipt of records from the ombudsman, the committee is subject to the same confidentiality restrictions as the ombudsman under RCW 43.06A.050.

(4) The committee may also review any proposed rules, policies, or procedures relating to the citizen review panels created under section 2 of this act.

Sec. 14. RCW 13.50.010 and 1997 c 386 s 21 and 1997 c 338 s 39 are each reenacted and amended to read as follows:

(1) For purposes of this chapter:

(a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the legislative children's oversight committee, the office of family and children's ombudsman, members of the citizen review panels created under section 2 of this act, including the contracting agency, and the panel's staff and contractors, the department of social and health services and its contracting agencies, schools; and, in addition, persons or public or private agencies having children committed to their custody;

(b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;

(d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.

(2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.

(3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:

(a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency;

(b) An agency shall take reasonable steps to assure the security of its records and prevent tampering with them; and

(c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.

(4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.

(5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.

(6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.

(7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

(8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). The court shall release to the sentencing guidelines commission records needed for its research and data-gathering functions under RCW 9.94A.040 and other statutes. Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.

(9) Juvenile detention facilities shall release records to the sentencing guidelines commission under RCW 9.94A.040 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.

(10) Requirements in this chapter relating to the court's authority to compel disclosure shall not apply to the legislative children's oversight committee or the office of the family and children's ombudsman.

NEW SECTION. Sec. 15. Section 12 of this act takes effect January 1, 2001.