S-1415

AN ACT Relating to the development of protocols for use during interviews by the department of social and health services in dependency hearings involving allegations of child abuse; adding new sections to chapter 26.44 RCW; creating new sections; and providing an expiration date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 26.44 RCW to read as follows:

The legislature finds that, state-wide, over six thousand child sexual abuse cases were accepted for investigation in 1998. These cases require a significant level of expertise. It is the intent of the legislature to create an interdisciplinary team, under the direction of the Washington state institute for public policy, to review the techniques for investigative interviews conducted of children and adults during allegations of child sexual 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 these interviews and to increase the accuracy of risk assessments and determinations of fact associated with interviews. The legislature further intends that a cadre of child sexual abuse specialists will be developed in the state.

NEW SECTION. Sec. 2. (1) A team to create protocols for use by the department of social and health services, law enforcement, and prosecuting attorneys in conducting investigative interviews of alleged child sexual abuse is established under the direction of the Washington state institute for public policy, in collaboration with the department of social and health services and the criminal justice training commission.

(2) The team shall include two representatives 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 with substantial experience in child sexual abuse examinations, a member of the Washington state bar whose practice is primarily defense oriented, the attorney general, a superior court judge, two prosecuting attorneys, two law enforcement officers who conduct child sexual abuse investigations, a child development specialist, a representative from an agency serving the developmentally disabled, an advanced registered nurse practitioner licensed under chapter 18.79 RCW, a foster parent, a representative from a child-serving agency, and a victim's advocate. Team members shall be qualified on the basis of knowledge and experience as may contribute to the effectiveness of the team.

(3) Each entity representing persons identified in subsection (2) of this section shall be requested by the Washington state institute for public policy to appoint a representative.

(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 shall conduct its business in a manner designed to permit public participation and input in the development of the protocols.

(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 institute shall provide professional, 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 investigative interviews of allegations of child sexual abuse.

(2) The protocols shall: (a) Be based on research-based practices and standards; (b) minimize the trauma of all persons who are interviewed during abuse investigations; (c) provide methods of reducing the number of investigative interviews necessary whenever possible; (d) assure, to the extent possible, that investigative interviews are thorough, objective, and complete; (e) recognize needs of special populations, such as persons with developmental disabilities; (f) recognize the nature and consequences of victimization; (g) require investigative interviews to be conducted in a manner most likely to permit the interviewed persons the maximum emotional comfort under the circumstances; (h) address record retention and retrieval; and (i) documentation of investigative interviews.

(3) The protocols shall address the following: (a) Specialized and ongoing training of law enforcement, prosecuting attorneys, and persons selected by the department to conduct investigative interviews of child sexual abuse cases, maximizing the use of existing resources within the state whenever possible; (b) identification and referral of cases of alleged child sexual abuse, including those involving multiple victims or multiple offenders, to specially trained individuals; (c) provision for collaboration among the department, law enforcement, defense attorneys, prosecutors, and victim advocates; (d) recognition of the differing levels of child intellectual and emotional development and the consequences of development levels on investigative interview techniques; (e) appropriate training, qualifications, and identification of physicians and other medical personnel who have expertise in performing medical examinations of children who may be victims of child sexual abuse; (f) appropriate training, qualification, and identification of therapists who have expertise in child sexual abuse investigative interviews; (g) law enforcement interviews of alleged child sexual abuse victims or offenders involving child sexual abuse; (h) recommended interview team models; and (i) periodic evaluation of child sexual abuse investigative interview performance.

(4) 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 sexual abuse including specialized investigative interview techniques, recognition of different geographical, economic, and cultural needs, and innovative facilities and strategies to reduce child trauma and abuse.

(5) The protocols developed by the team shall be presented to the legislature not later than December 1, 1999.

NEW SECTION. Sec. 4. A new section is added to chapter 26.44 RCW to read as follows:

Protocols for the investigation of child sexual abuse shall be implemented, according to the implementation plan, July 1, 2000, and, within available funding, be mandatory minimum requirements in conducting investigative interviews of alleged child sexual abuse by the department of social and health services and law enforcement. Specialized and ongoing training, for persons responsible for investigating child sexual abuse including department personnel, law enforcement, and prosecuting attorneys, shall be a priority.

NEW SECTION. Sec. 5. A new section is added to chapter 26.44 RCW to read as follows:

Every employee of the department who conducts an interview of any person involved in an allegation of abuse or neglect shall retain his or her original written records or notes setting forth the content of the interview unless he or she has entered a verbatim copy of the notes into the electronic system operated by the department which is designed for storage, retrieval, and preservation of such records.

NEW SECTION. Sec. 6. The department shall conduct a pilot project in two of its administrative regions in which investigative interviews of alleged child sexual abuse are recorded on audiotape. The audiotapes may be used only in dependency or criminal proceedings and all copies must be returned to the department at the conclusion of the proceedings. The pilot project shall begin no later than September 1, 1999, and end June 31, 2002. The Washington state institute for public policy shall evaluate the pilot project and report to the legislature by December 1, 2001.

NEW SECTION. Sec. 7. A new section is added to chapter 26.44 RCW to read as follows:

The Washington state institute for public policy 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, changes that have been made in the protocols since the previous report, and recommendations for the improvement of the protocols or their implementation.

NEW SECTION. Sec. 8. Sections 2, 3, and 6 of this act shall not be codified.

NEW SECTION. Sec. 9. Sections 1 through 3 and 6 of this act expire January 31, 2002.