BP BHEAD INT S [atlas:bill]

AN ACT Relating to the development of protocols for use during interviews involving allegations of child abuse; adding a new section to chapter 43.06A RCW; creating new sections; providing an expiration date; and declaring an emergency.

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

NEW SECTION. Sec. 1. It is the intent of the legislature to create an interdisciplinary team, housed in the office of family and children's ombudsman, to review the techniques of interviews conducted of children and adults during allegations of child abuse and to create state-wide protocols for conducting such interviews. The legislature intends to improve the training and resources available to individuals who conduct interviews and to increase the accuracy of risk assessments and determinations of fact associated with interviews.

NEW SECTION. Sec. 2. (1) There is established, within the office of family and children's ombudsman, an interdisciplinary team to create state-wide protocols to be followed during interviews of children and adults during investigations of allegations of child abuse. For purposes of this act, "abuse" means the same as defined in chapter 26.44 RCW.

(2) The team shall include a representative from the department of social and health services, a mental health professional certified under chapter 18.19 RCW, a physician licensed under chapter 18.71 RCW, a member of the Washington state bar whose practice is primarily defense oriented, the attorney general, a superior court judge, a prosecuting attorney, a child development specialist, an advanced registered nurse practitioner licensed under chapter 18.79 RCW, a person who has expertise in the operation of video and audio taping, a hospital administrator, a foster parent, a representative from a child-serving agency, and three members of the public. Team members shall be qualified on the basis of knowledge and experience as may contribute to the effectiveness of the team.

(3) The team shall be appointed by the ombudsman.

(4) Members of the team, except public employees and elected officials, shall be compensated in accordance with RCW 43.03.240. Each member shall be entitled to reimbursement for travel expenses incurred in the performance of their duties as provided in RCW 43.03.050 and 43.03.060.

(5) The team may determine its own operating procedures, elect its own officers, and shall conduct its business in a manner designed to permit maximum public participation and input in the development of the protocols. The team shall meet no less than monthly.

(6) The team shall be subject to chapter 42.30 RCW, the state's open meetings act and chapter 42.17 RCW, the public disclosure act and all appropriate state and federal laws regarding confidentiality of information sharing.

(7)(a) The office of family and children's ombudsman shall provide professional, legal, clerical, and administrative support to the team.

(b) All state and local government agencies shall fully cooperate with the team in the development of the protocols.

NEW SECTION. Sec. 3. (1) The team created in section 2 of this act shall develop state-wide protocols for creating a verbatim record of interviews during investigations of allegations of child abuse.

(2) The protocols shall be: (a) Based on research-based practices and standards; (b) provide uniform methods for, and application of, the creation of verbatim records of child interviews; (c) minimize the trauma of persons who are interviewed during abuse investigations; (d) provide methods of reducing the number of interviews necessary whenever possible; (e) assure, to the extent possible, that interviews are thorough, objective, and complete; (f) recognize needs of special populations, such as persons with developmental disabilities; (g) require interviews to be conducted in a manner most likely to permit the interviewed persons the maximum emotional comfort under the circumstances; (h) establish initial and ongoing education and training requirements for persons conducting interviews during investigations of alleged child abuse; (i) recognize all types of allegations of child abuse, regardless of the number of alleged victims or perpetrators; (j) require cross-discipline collaboration and training; and (k) address record retention and retrieval.

(3) In addition to the development of protocols, the team is authorized and encouraged to make any additional recommendations it finds appropriate to improve the state's response to allegations of child abuse including reorganization of resources, specialized investigative techniques, recognition of different geographical and cultural needs, and innovative facilities and strategies to reduce child trauma and abuse.

(4)(a) The protocols developed by the team shall be presented to the legislature and governor not later than October 1, 1999. The protocols shall include a plan for implementation not later than July 1, 2000.

(b) The protocols shall be implemented July 1, 2000, and be mandatory in conducting interviews during investigations of alleged child abuse, for purposes of determining dependency and placement of children under Title 13 RCW.

NEW SECTION. Sec. 4. A new section is added to chapter 43.06A RCW to read as follows:

The ombudsman shall report once every two years to the legislature and governor on the effectiveness of the protocols developed under chapter . . ., Laws of 1999 (this act), their implementation, and changes that have been made in the protocols since the previous report.

NEW SECTION. Sec. 5. Sections 1 through 3 of this act shall not be codified.

NEW SECTION. Sec. 6. Sections 1 through 3 of this act expire January 31, 2001.

NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.