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.
