BP BHEAD INT S [atlas:bill]

AN ACT Relating to reporting of domestic violence against applicants and recipients of temporary assistance for needy families; adding new sections to chapter 74.08A RCW; creating new sections; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature finds that the personal responsibility and work opportunity reconciliation act of 1996, known as the federal welfare reform law, placed a major emphasis on the concept of personal responsibility for welfare recipients. Those on welfare are now required to develop and sign individual personal responsibility plans, promising to participate with regularity in various work and family activities. The legislature finds that the state, as a partner in welfare reform, also has a major responsibility to help those in need who are applicants or recipients of temporary assistance for needy families. The state's responsibility includes the timely assessment and identification of applicants or recipients who are presently the victims of domestic violence, in order to refer them for appropriate help or treatment, and in order to promote their safety and well-being by avoiding inappropriate work activity assignments that may place the victims at increased risk.

The legislature intends that the caseworkers, social workers, case managers, those performing client assessments, and job service specialists who come into direct contact with applicants or recipients of temporary assistance for needy families will be required to meet their professional responsibilities by the timely identification of domestic violence victims, with serious sanctions for failure to do so.

NEW SECTION. Sec. 2. Any employee of the department or the employment security department who is in direct contact with an applicant or recipient of temporary assistance for needy families, including but not limited to social and health services caseworkers, social workers, case managers, those performing temporary assistance for needy families client assessments, and job services specialists, who has reasonable cause to believe that the applicant or recipient has suffered domestic violence shall report such information to the department, in a manner designed to assure client confidentiality. The duty to report includes a duty to make an immediate oral report of such information to the department, and a report in writing within ten calendar days of receiving the information regarding the domestic violence victimization.

NEW SECTION. Sec. 3. Reports made under section 2 of this act shall contain at a minimum the following information:

(1) Identification of the temporary assistance for needy families applicant or recipient;

(2) The nature and extent of the suspected domestic violence;

(3) Evidence of previous domestic violence victimization;

(4) The name and job title of the person making the report; and

(5) Any other information that may be helpful in referring the victim to appropriate services and work activities. Unless there is a judicial proceeding or the applicant or recipient consents, the identity of the applicant or recipient making the report shall be confidential.

NEW SECTION. Sec. 4. The department and the employment security department shall ensure timely responses to all reports made under sections 2 through 6 of this act. If the departments find that a presently unsafe living situation involving domestic violence exists, the departments shall ensure that the appropriate protective services, law enforcement referrals, or other referrals are provided to the applicant or recipient, unless the applicant or recipient refuses to consent to such services or referrals. At a minimum, a culturally competent explanation of available law enforcement and shelter resources shall be provided, in the language most readily understandable to the applicant or recipient.

The department shall use information about the applicant or recipient, based upon the report, to design an appropriate personal responsibility plan and temporary assistance for needy families work activity for the applicant or recipient.

NEW SECTION. Sec. 5. (1) An employee participating in good faith in reporting under sections 2 through 6 of this act, or testifying about alleged domestic violence victimization of an applicant or recipient of temporary assistance for needy families in a judicial proceeding, is immune from liability resulting from the report or testimony.

(2) Conduct conforming with the reporting and testifying requirements of sections 2 through 6 of this act shall not be deemed a violation of any confidential communication privilege. Sections 2 through 6 of this act shall not be construed as superseding or abridging remedies in chapter 4.92 RCW.

NEW SECTION. Sec. 6. An employee who is required to make or cause to be made a report under sections 2 through 6 of this act, and who knowingly fails to cause the report to be made is guilty of a gross misdemeanor.

NEW SECTION. Sec. 7. The department of social and health services and the employment security department shall provide or contract to provide specialized training in culturally competent identification and appropriate assistance of domestic violence victims. Training shall include, at a minimum, the need for safety and confidentiality, the identification of patterns and cycles of abuse, and awareness of local and regional resources for legal assistance, counseling, and safe house organizations. Training shall be timely provided to all employees who are subject to criminal liability under sections 2 through 6 of this act.

NEW SECTION. Sec. 8. Sections 2 through 7 of this act shall be known as the personal responsibility for state workers domestic violence reporting act.

NEW SECTION. Sec. 9. Sections 2 through 7 of this act are each added to chapter 74.08A RCW.