CERTIFICATION OF ENROLLMENT

 

                        SENATE BILL 5127

 

 

                   Chapter 389, Laws of 1999

 

                         (partial veto)

 

                        56th Legislature

                      1999 Regular Session

 

 

CHILD ABUSE INVESTIGATIONS

 

 

 

                    EFFECTIVE DATE:  7/25/99

Passed by the Senate April 20, 1999

  YEAS 41   NAYS 3

 

 

               BRAD OWEN

President of the Senate

 

Passed by the House April 15, 1999

  YEAS 97   NAYS 0

             CERTIFICATE

 

I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SENATE BILL 5127 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

            TONY M. COOK

                            Secretary

 

 

 

              FRANK CHOPP

Speaker of the

      House of Representatives

 

 

Approved May 18, 1999, with the exception of section 1, which is vetoed.Place Style On Codes above, and Style Off Codes below.    

                                FILED          

 

 

             May 18, 1999 - 3:21 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                         SENATE BILL 5127

          _______________________________________________

 

                      AS AMENDED BY THE HOUSE

 

             Passed Legislature - 1999 Regular Session

 

State of Washington      56th Legislature     1999 Regular Session

 

By Senators Kohl‑Welles, Hargrove, Long, Heavey, McCaslin, Stevens, Zarelli, Prentice, Kline, Winsley and Costa

 

Read first time 01/13/1999.  Referred to Committee on Judiciary.

Prohibiting law enforcement officers from conducting investigations of abuse or neglect concerning a child for which the officer is a parent, guardian, or foster parent.   


    AN ACT Relating to investigations of abuse or neglect; amending RCW 74.14B.010 and 26.44.035; adding a new section to chapter 43.101 RCW; adding new sections to chapter 26.44 RCW; adding a new section to chapter 43.20A RCW; and creating new sections.

 

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

 

    *NEW SECTION.  Sec. 1.  The state of Washington affirms the importance of ensuring that crimes involving child sexual abuse are investigated thoroughly and objectively.  Children who have been victims of crime deserve to have those who committed the crimes against them brought to justice.  Those who may have been accused should expect that investigative agencies will make every effort to conduct thorough and impartial investigations.

    The best approach to investigations of child sexual abuse crimes involves a coordinated effort by investigative agencies that minimizes repetitive investigative interviews and improves the quality of the investigations.    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.

*Sec. 1 was vetoed.  See message at end of chapter.

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 43.101 RCW to read as follows:

    (1) On-going specialized training shall be provided for persons responsible for investigating child sexual abuse.  Training participants shall have the opportunity to practice interview skills and receive feedback from instructors.

    (2) The commission, the department of social and health services, the Washington association of sheriffs and police chiefs, and the Washington association of prosecuting attorneys shall design and implement state-wide training that contains consistent elements for persons engaged in the interviewing of children for child sexual abuse cases, including law enforcement, prosecution, and child protective services.

    (3) The training 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.

 

    NEW SECTION.  Sec. 3.  The Washington state institute for public policy shall convene a work group to develop state guidelines for the development of child sexual abuse investigations protocols.  The work group shall consist of representatives from the department of social and health services, the Washington association of sheriffs and police chiefs, and the Washington association of prosecuting attorneys.

    The work group shall solicit input from 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, 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 representative from a child serving agency, and a victim's advocate.

    The work group guidelines shall include issues to be addressed within local protocols adopted pursuant to this act.  Those issues shall include multivictim cases, cases involving multiple suspects, information sharing between the department and law enforcement, methods to reduce the number of investigative interviews, and documentation of investigations.

    The work group guidelines shall be provided as a resource to local agencies in developing local protocols mandated under this act.

    The guidelines developed by the work group 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:

    (1) Each agency involved in investigating child sexual abuse shall document its role in handling cases and how it will coordinate with other local agencies or systems and shall adopt a local protocol based on the state guidelines.  The department and local law enforcement agencies may include other agencies and systems that are involved with child sexual abuse victims in the multidisciplinary coordination.

    (2) Each county shall develop a written protocol for handling criminal child sexual abuse investigations.  The protocol shall address the coordination of child sexual abuse investigations between the prosecutor's office, law enforcement, the department, local advocacy groups, and any other local agency involved in the criminal investigation of child sexual abuse, including those investigations involving multiple victims and multiple offenders.  The protocol shall be developed by the prosecuting attorney with the assistance of the agencies referenced in this subsection.

    (3) Local protocols under this section shall be adopted and in place by July 1, 2000, and shall be submitted to the legislature prior to that date.

 

    Sec. 5.  RCW 74.14B.010 and 1987 c 503 s 8 are each amended to read as follows:

    (1) Caseworkers employed in children services shall meet minimum standards established by the department of social and health services.  Comprehensive training for caseworkers shall be completed before such caseworkers are assigned to case-carrying responsibilities without direct supervision.  Intermittent, part-time, and standby workers shall be subject to the same minimum standards and training.

    (2) On-going specialized training shall be provided for persons responsible for investigating child sexual abuse.  Training participants shall have the opportunity to practice interview skills and receive feedback from instructors.

    (3) The department, the criminal justice training commission, the Washington association of sheriffs and police chiefs, and the Washington association of prosecuting attorneys shall design and implement state-wide training that contains consistent elements for persons engaged in the interviewing of children, including law enforcement, prosecution, and child protective services.

    (4) The training 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.

 

    NEW SECTION.  Sec. 6.  A new section is added to chapter 43.20A RCW to read as follows:

    The department shall establish three pilot projects involving child sexual abuse investigations.  The projects shall follow written protocols and use different methods and techniques to conduct and preserve interviews with alleged child victims of sexual abuse.  The department shall provide the appropriate committees of the senate and house of representatives an interim report by December 15, 1999, and a final report by December 15, 2000.  The Washington state institute for public policy shall evaluate the pilot projects and report to the legislature by December 1, 2000.

 

    Sec. 7.  RCW 26.44.035 and 1997 c 386 s 26 are each amended to read as follows:

    (1) If the department or a law enforcement agency responds to a complaint of alleged child abuse or neglect and discovers that another agency has also responded to the complaint, the agency shall notify the other agency of their presence, and the agencies shall coordinate the investigation and keep each other apprised of progress.

    (2) The department, each law enforcement agency, each county prosecuting attorney, each city attorney, and each court shall make as soon as practicable a written record and shall maintain records of all incidents of suspected child abuse reported to that person or agency.

    (3) 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 the notes were entered into the electronic system operated by the department which is designed for storage, retrieval, and preservation of such records.

    (4) Written records involving child sexual abuse shall, at a minimum, be a near verbatim record for the disclosure interview.  The near verbatim record shall be produced within fifteen calendar days of the disclosure interview, unless waived by management on a case-by-case basis.

    (5) Records kept under this section shall be identifiable by means of an agency code for child abuse.

 

    NEW SECTION.  Sec. 8.  The legislature finds that the parent, guardian, or foster parent of a child who may be the victim of abuse or neglect may become involved in the investigation of the abuse or neglect.  The parent, guardian, or foster parent may also be made a party to later court proceedings and be subject to a court-ordered examination by a physician, psychologist, or psychiatrist.  It is the intent of the legislature by enacting section 9 of this act to avoid actual or perceived conflicts of interest that may occur when the parent, guardian, or foster parent is also a law enforcement officer and is assigned to conduct the investigation of alleged abuse or neglect concerning the child.

 

    NEW SECTION.  Sec. 9.  A new section is added to chapter 26.44 RCW to read as follows:

    A law enforcement agency shall not allow a law enforcement officer to participate as an investigator in the investigation of alleged abuse or neglect concerning a child for whom the law enforcement officer is, or has been, a parent, guardian, or foster parent.  This section is not intended to limit the authority or duty of a law enforcement officer to report, testify, or be examined as authorized or required by this chapter, or to perform other official duties as a law enforcement officer.

 

    NEW SECTION.  Sec. 10.  If specific funding for the purposes of sections 1 through 7 this act, referencing sections 1 through 7 of this act by bill or chapter number, is not provided by June 30, 1999, in the omnibus appropriations act, sections 1 through 7 this act are null and void.


    Passed the Senate April 20, 1999.

    Passed the House April 15, 1999.

Approved by the Governor May 18, 1999, with the exception of certain items that were vetoed.

    Filed in Office of Secretary of State May 18, 1999.


 

    Note:  Governor's explanation of partial veto is as follows:

 

    "I am returning herewith, without my approval as to section 1, Senate Bill No. 5127 entitled:

 

"AN ACT Relating to investigations of abuse or neglect;"

 

    Senate Bill No. 5127 requires specialized training for law enforcement officers and caseworkers who investigate allegations of child sexual abuse.  It also prohibits a law enforcement officer from participating in an investigation of alleged abuse concerning a child for whom the officer is a parent, guardian or foster parent.

 

    The training required by SB 5127 is not adequately funded by the operating budget for the 1999-2001 biennium that I signed on May 14, 1999.  To fully implement the required training, the legislature must appropriate at least $537,000 in supplemental funds next year.

 

    The process of investigating child abuse allegations and prosecuting alleged perpetrators is complex and must adhere to many laws and procedures.  Section 1 of SB 5127 is sufficiently vague that it could be misconstrued to alter existing law.  Vetoing it does not weaken the substance of this bill. 

 

    For these reasons, I have vetoed section 1 of Senate Bill No. 5127.

 

    With the exception of section 1, Senate Bill No. 5127 is approved."