_______________________________________________
HOUSE
BILL 1810
_______________________________________________
Passed
Legislature - 1999 Regular Session
State
of Washington 56th Legislature 1999 Regular Session
By
Read
first time 02/08/1999. Referred to Committee on Children & Family
Services.
Amending the child abuse protection and treatment act.
AN
ACT Relating to technical amendments concerning the child abuse protection and
treatment act; amending RCW 74.13.500; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
74.13.500 and 1997 c 305 s 2 are each amended to read as follows:
(1)
Consistent with the provisions of chapter 42.17 RCW and applicable federal law,
the secretary, or the secretary's designee, shall disclose information
regarding the abuse or neglect of a child, the investigation of the abuse ((or)),
neglect, or near fatality of a child, and any services related to the
abuse or neglect of a child if any one of the following factors is present:
(a)
The subject of the report has been charged in an accusatory instrument with
committing a crime related to a report maintained by the department in its case
and management information system;
(b)
The investigation of the abuse or neglect of the child by the department or the
provision of services by the department has been publicly disclosed in a report
required to be disclosed in the course of their official duties, by a law
enforcement agency or official, a prosecuting attorney, any other state or
local investigative agency or official, or by a judge of the superior court;
(c)
There has been a prior knowing, voluntary public disclosure by an individual
concerning a report of child abuse or neglect in which such individual is named
as the subject of the report; or
(d)
The child named in the report has died and the child's death resulted from
abuse or neglect or the child was in the care of, or receiving services from
the department at the time of death or within twelve months before death.
(2)
The secretary is not required to disclose information if the factors in
subsection (1) of this section are present if he or she specifically determines
the disclosure is contrary to the best interests of the child, the child's
siblings, or other children in the household.
(3)
Except for cases in subsection (1)(d) of this section, requests for information
under this section shall specifically identify the case about which information
is sought and the facts that support a determination that one of the factors
specified in subsection (1) of this section is present.
(4)
For the purposes of this section, "near fatality" means an act that,
as certified by a physician, places the child in serious or critical
condition. The secretary is under no obligation to have an act certified by a
physician in order to comply with this section.
NEW
SECTION. Sec. 2. 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.
Passed the House March 5, 1999.
Passed the Senate April 25, 1999.
Approved by the Governor May
14, 1999.
Filed
in Office of Secretary of State May 14, 1999.
