SSB 5605 -
By Senators Hargrove, Stevens
ADOPTED 03/07/2011
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 26.44.010 and 1999 c 176 s 27 are each amended to
read as follows:
The Washington state legislature finds and declares: The bond
between a child and his or her parent, custodian, or guardian is of
paramount importance, and any intervention into the life of a child is
also an intervention into the life of the parent, custodian, or
guardian; however, instances of nonaccidental injury, neglect, death,
sexual abuse and cruelty to children by their parents, custodians or
guardians have occurred, and in the instance where a child is deprived
of his or her right to conditions of minimal nurture, health, and
safety, the state is justified in emergency intervention based upon
verified information; and therefore the Washington state legislature
hereby provides for the reporting of such cases to the appropriate
public authorities. It is the intent of the legislature that, as a
result of such reports, protective services shall be made available in
an effort to prevent further abuses, and to safeguard the general
welfare of such children((: PROVIDED, That such)). When the child's
interests of basic nurture, physical and mental health, and safety
conflict with the parents' interests, the interests of the child should
prevail. When determining whether a parent and child should be
separated during or immediately following an investigation of alleged
child abuse or neglect, the safety of the child shall be the
department's paramount concern. Reports of child abuse and neglect
shall be maintained and disseminated with strictest regard for the
privacy of the subjects of such reports and so as to safeguard against
arbitrary, malicious or erroneous information or actions((: PROVIDED
FURTHER, That)). This chapter shall not be construed to authorize
interference with child-raising practices, including reasonable
parental discipline, which are not proved to be injurious to the
child's health, welfare and safety.
NEW SECTION. Sec. 2 A new section is added to chapter 4.24 RCW
to read as follows:
(1) No governmental entity or its officers, agents, employees, and
volunteers, shall be criminally or civilly liable for performing duties
pursuant to chapter 26.44 RCW with regard to investigating allegations
of child abuse or neglect if such duties were performed without gross
negligence.
(2) The duty to conduct a reasonable investigation of child abuse
or neglect upon a referral runs only to children who are the subject of
a referral under chapter 26.44 RCW.
(3) The department and its employees shall comply with the orders
of the court, including shelter care and other dependency orders, and
are not liable for acts performed to comply with such court orders. In
providing reports and recommendations to the court, caseworkers are
entitled to the same witness immunity as would be provided to any other
witness.
(4) Nothing in this section diminishes any immunity or defense that
may otherwise be applicable to the governmental entity or its past or
present employees.
NEW SECTION. Sec. 3 A new section is added to chapter 4.24 RCW
to read as follows:
(1) No governmental entity or its officers, agents, employees, and
volunteers, shall be criminally or civilly liable for performing duties
with regard to the supervision of offenders so long as the duties were
performed without gross negligence.
(2) For the purposes of this section, supervision includes any type
of community-based supervision including, but not limited to,
probation, parole, community custody, community placement, community
supervision, and postrelease supervision.
(3) Nothing in this section diminishes any immunity or defense that
may otherwise be applicable to the governmental entity or its past or
present employees."
SSB 5605 -
By Senators Hargrove, Stevens
ADOPTED 03/07/2011
On page 1, line 1 of the title, after "liability;" strike the remainder of the title and insert "amending RCW 26.44.010; and adding new sections to chapter 4.24 RCW."
EFFECT: In determining whether to place a child in foster care
after a child abuse or neglect investigation, the safety of the child
prevails. The department of social and health services is not liable
in performing a child abuse or neglect investigation unless the
department is grossly negligent. The department is not liable for
complying with court orders entered in dependency cases.
The department of corrections is not liable for supervising an
offender unless the supervision was conducted with gross negligence.