AN
ACT Relating to child abuse and neglect reporting, investigation, and training
procedures and the administration of the Washington state schools for the blind
and for the deaf; amending RCW 72.40.040 and 72.40.050; adding new sections to
chapter 72.40 RCW; and creating new sections.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 72.40 RCW to read as follows:
The
state school for the deaf and the state school for the blind shall promote the
personal safety of students and protect the children who attend from child
abuse and neglect as defined in RCW 26.44.020.
NEW
SECTION. Sec. 2. A
new section is added to chapter 72.40 RCW to read as follows:
The
superintendents of the state school for the deaf and the state school for the
blind or their designees shall immediately report to the persons indicated the
following events:
(1)
To the child's parent, custodian, or guardian:
(a)
The death of the child;
(b)
Hospitalization of a child in attendance or residence at the school;
(c)
Allegations of child abuse or neglect in which the parent's child in attendance
or residence at the school is the alleged victim;
(d)
Allegations of physical or sexual abuse in which the parent's child in
attendance or residence at the school is the alleged perpetrator;
(e)
Life-threatening illness;
(f)
The attendance at the school of any child who is a registered sex offender
under RCW 9A.44.130 as permitted by RCW 4.24.550.
(2)
Notification to the parent shall be made by the means most likely to be
received by the parent. If initial notification is made by telephone, such
notification shall be followed by notification in writing within forty-eight
hours after the initial oral contact is made.
NEW
SECTION. Sec. 3. A
new section is added to chapter 72.40 RCW to read as follows:
(1)
The superintendents of the state school for the deaf and the state school for
the blind shall maintain in writing and implement behavior management policies
and procedures that accomplish the following:
(a)
Support the child's appropriate social behavior, self-control, and the rights
of others;
(b)
Foster dignity and self-respect for the child;
(c)
Reflect the ages and developmental levels of children in care.
(2)
The state school for the deaf and the state school for the blind shall use
proactive, positive behavior support techniques to manage potential child
behavior problems. These techniques shall include but not be limited to:
(a)
Organization of the physical environment and staffing patterns to reduce
factors leading to behavior incidents;
(b)
Intervention before behavior becomes disruptive, in the least invasive and
least restrictive manner available;
(c)
Emphasis on verbal deescalation to calm the upset child;
(d)
Redirection strategies to present the child with alternative resolution
choices.
NEW
SECTION. Sec. 4. A
new section is added to chapter 72.40 RCW to read as follows:
(1)
The state school for the deaf and the state school for the blind shall ensure
that all staff, within two months of beginning employment, complete a minimum
of fifteen hours of job orientation which shall include, but is not limited to,
presentation of the standard operating procedures manual for each school,
describing all policies and procedures specific to the school.
(2)
The state school for the deaf and the state school for the blind shall ensure
that all new staff receive thirty-two hours of job specific training within
ninety days of employment which shall include, but is not limited to, promoting
and protecting student personal safety. All staff shall receive thirty-two
hours of ongoing training in these areas every two years.
NEW
SECTION. Sec. 5. A
new section is added to chapter 72.40 RCW to read as follows:
The
residential program at the state school for the deaf and the state school for
the blind shall employ residential staff in sufficient numbers to ensure the
physical and emotional needs of the residents are met. Residential staff shall
be on duty in sufficient numbers to ensure the safety of the children residing
there.
For
purposes of this section, "residential staff" means staff in charge
of supervising the day-to-day living situation of the children in the
residential portion of the schools.
NEW
SECTION. Sec. 6. A
new section is added to chapter 72.40 RCW to read as follows:
In
addition to the powers and duties under RCW 72.40.022 and 72.40.024, the
superintendents of the state school for the deaf and the state school for the
blind shall:
(1)
Develop written procedures for the supervision of employees and volunteers who
have the potential for contact with students. Such procedures shall be
designed to prevent child abuse and neglect by providing for adequate
supervision of such employees and volunteers, taking into consideration such
factors as the student population served, architectural factors, and the size
of the facility. Such procedures shall include, but need not be limited to,
the following:
(a)
Staffing patterns and the rationale for such;
(b)
Responsibilities of supervisors;
(c)
The method by which staff and volunteers are made aware of the identity of all
supervisors, including designated on-site supervisors;
(d)
Provision of written supervisory guidelines to employees and volunteers;
(e)
Periodic supervisory conferences for employees and volunteers; and
(f)
Written performance evaluations of staff to be conducted by supervisors in a
manner consistent with applicable provisions of the civil service law.
(2)
Develop written procedures for the protection of students when there is reason
to believe an incident has occurred which would render a child student an
abused or neglected child within the meaning of RCW 26.44.020. Such procedures
shall include, but need not be limited to, the following:
(a)
Investigation. Immediately upon notification that a report of child abuse or
neglect has been made to the department of social and health services or a law
enforcement agency, the superintendent shall:
(i)
Preserve any potential evidence through such actions as securing the area where
suspected abuse or neglect occurred;
(ii)
Obtain proper and prompt medical evaluation and treatment, as needed, with
documentation of any evidence of abuse or neglect; and
(iii)
Provide necessary assistance to the department of social and health services
and local law enforcement in their investigations;
(b)
Safety. Upon notification that a report of suspected child abuse or neglect
has been made to the department of social and health services or a law
enforcement agency, the superintendent or his or her designee, with
consideration for causing as little disruption as possible to the daily
routines of the students, shall evaluate the situation and immediately take
appropriate action to assure the health and safety of the students involved in
the report and of any other students similarly situated, and take such
additional action as is necessary to prevent future acts of abuse or neglect.
Such action may include:
(i)
Consistent with federal and state law:
(A)
Removing the alleged perpetrator from the school;
(B)
Increasing the degree of supervision of the alleged perpetrator; and
(C)
Initiating appropriate disciplinary action against the alleged perpetrator;
(ii)
Provision of increased training and increased supervision to volunteers and
staff pertinent to the prevention and remediation of abuse and neglect;
(iii)
Temporary removal of the students from a program and reassignment of the
students within the school, as an emergency measure, if it is determined that
there is a risk to the health or safety of such students in remaining in that
program. Whenever a student is removed, pursuant to this subsection
(2)(b)(iii), from a special education program or service specified in his or
her individualized education program, the action shall be reviewed in an
individualized education program meeting; and
(iv)
Provision of counseling to the students involved in the report or any other
students, as appropriate;
(c)
Corrective action plans. Upon receipt of the results of an investigation by
the department of social and health services pursuant to a report of suspected
child abuse or neglect, the superintendent, after consideration of any
recommendations by the department of social and health services for preventive
and remedial action, shall implement a written plan of action designed to
assure the continued health and safety of students and to provide for the
prevention of future acts of abuse or neglect.
NEW
SECTION. Sec. 7. A
new section is added to chapter 72.40 RCW to read as follows:
In
consideration of the needs and circumstances of the program, the state school
for the deaf and the state school for the blind shall provide instruction to
all students in techniques and procedures which will enable the students to
protect themselves from abuse and neglect. Such instruction shall be described
in a written plan to be submitted to the board of trustees for review and
approval, and shall be:
(1)
Appropriate for the age, individual needs, and particular circumstances of
students, including the existence of mental, physical, emotional, or sensory
disabilities;
(2)
Provided at different times throughout the year in a manner which will ensure
that all students receive such instruction; and
(3)
Provided by individuals who possess appropriate knowledge and training,
documentation of which shall be maintained by the school.
Sec.
8. RCW
72.40.040 and 1993 c 147 s 3 are each amended to read as follows:
(1)
The schools shall be free to residents of the state between the ages of three
and twenty-one years, who are blind/visually impaired or deaf/hearing impaired,
or with other disabilities where a vision or hearing disability is the major
need for services.
(2)
The schools may provide nonresidential services to children ages birth through
three who meet the eligibility criteria in this section, subject to available
funding.
(3)
Each school shall admit and retain students on a space available basis
according to criteria developed and published by each school superintendent in
consultation with each board of trustees and school faculty: PROVIDED, That
students over the age of twenty-one years, who are otherwise qualified may be
retained at the school, if in the discretion of the superintendent in
consultation with the faculty they are proper persons to receive further
training given at the school and the facilities are adequate for proper care,
education, and training.
(4)
The admission and retention criteria developed and published by each school
superintendent shall contain a provision allowing the schools to refuse to
admit or retain a student who is an adjudicated sex offender except that the
schools shall not admit or retain a student who is an adjudicated level III sex
offender as provided in RCW 13.40.217(3).
Sec.
9. RCW
72.40.050 and 1985 c 378 s 20 are each amended to read as follows:
(1)
The superintendents may admit to their respective schools visually or hearing
impaired children from other states as appropriate, but the parents or
guardians of such children or other state will be required to pay annually or
quarterly in advance a sufficient amount to cover the cost of maintaining and
educating such children as set by the applicable superintendent.
(2)
The admission and retention criteria developed and published by each school
superintendent shall contain a provision allowing the schools to refuse to
admit or retain a nonresident student who is an adjudicated sex offender, or
the equivalent under the laws of the state in which the student resides, except
that the schools shall not admit or retain a nonresident student who is an
adjudicated level III sex offender or the equivalent under the laws of the
state in which the student resides.
NEW
SECTION. Sec. 10. A
new section is added to chapter 72.40 RCW to read as follows:
(1)
The schools shall implement a policy for the children who reside at the schools
protecting those who are vulnerable to sexual victimization by other children
who are sexually aggressive and residing at the schools. The policy shall
include, at a minimum, the following elements:
(a)
Development and use of an assessment process for identifying children, within
thirty days of beginning residence at the schools, who present a moderate or high
risk of sexually aggressive behavior for the purposes of this section. The
assessment process need not require that every child who is adjudicated or
convicted of a sex offense as defined in RCW 9.94A.030 be determined to be
sexually aggressive, nor shall a sex offense adjudication or conviction be
required in order to determine a child is sexually aggressive. Instead, the
assessment process shall consider the individual circumstances of the child,
including his or her age, physical size, sexual abuse history, mental and
emotional condition, and other factors relevant to sexual aggressiveness. The
definition of "sexually aggressive youth" in RCW 74.13.075 does not
apply to this section to the extent that it conflicts with this section;
(b)
Development and use of an assessment process for identifying children, within
thirty days of beginning residence at the schools, who may be vulnerable to
victimization by children identified under (a) of this subsection as presenting
a moderate or high risk of sexually aggressive behavior. The assessment
process shall consider the individual circumstances of the child, including his
or her age, physical size, sexual abuse history, mental and emotional
condition, and other factors relevant to vulnerability;
(c)
Development and use of placement criteria to avoid assigning children who
present a moderate or high risk of sexually aggressive behavior to the same
sleeping quarters as children assessed as vulnerable to sexual victimization,
except that they may be assigned to the same multiple-person sleeping quarters
if those sleeping quarters are regularly monitored by visual surveillance
equipment or staff checks;
(d)
Development and use of procedures for minimizing, within available funds,
unsupervised contact in the residential facilities of the schools between
children presenting moderate to high risk of sexually aggressive behavior and
children assessed as vulnerable to sexual victimization. The procedures shall
include taking reasonable steps to prohibit any child residing at the schools
who present a moderate to high risk of sexually aggressive behavior from
entering any sleeping quarters other than the one to which they are assigned,
unless accompanied by an authorized adult.
(2)
For the purposes of this section, the following terms have the following
meanings:
(a)
"Sleeping quarters" means the bedrooms or other rooms within a
residential facility where children are assigned to sleep.
(b)
"Unsupervised contact" means contact occurring outside the sight or
hearing of a responsible adult for more than a reasonable period of time under
the circumstances.
NEW
SECTION. Sec. 11. If
any part of this act is found to be in conflict with federal requirements that
are a prescribed condition to the allocation of federal funds to the state, the
conflicting part of this act is inoperative solely to the extent of the
conflict and with respect to the agencies directly affected, and this finding
does not affect the operation of the remainder of this act in its application
to the agencies concerned. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal funds by
the state.
NEW
SECTION. Sec. 12. If
specific funding for the purposes of this act, referencing this act by bill or
chapter number, is not provided by June 30, 2000, in the omnibus appropriations
act, this act is null and void.
